Intellectual Property Law

Intellectual property law questions? Ask a lawyer

Ask a Lawyer,
Get an Answer ASAP!

You hereby transfer and assign to our publishing designee,

Customer Question
Salem Rose Music Publishing, LLC...
You hereby transfer and assign to our publishing designee, Salem Rose Music Publishing, LLC (“Publisher”), to the full extent of your control or administration interest therein an undivided fifty (50%) percent of musical compositions which are written, owned or controlled by you prior to or during the Term.Does it mean I give all my music albums prior to the term to this publisher or I can choose what to give
Submitted: 8 months ago.Category: Intellectual Property Law
Show More
Show Less
Ask Your Own Intellectual Property Law Question
Customer reply replied 8 months ago
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer reply replied 8 months ago
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Answered in 7 hours by:
12/17/2017
IP Lawyer: N Cal Attorney, Lawyer replied 8 months ago
N Cal Attorney
Category: Intellectual Property Law
Satisfied Customers: 9,906
Experience: Since 1983
Verified

Thank you for your question.

Yes, that clause is way too broad and would be read to mean you are giving up 1/2 ownership of all "musical compositions which are written, owned or controlled by you prior to or during the Term. "

I hope this information is helpful.

Ask Your Own Intellectual Property Law Question
IP Lawyer: N Cal Attorney, Lawyer replied 8 months ago

Thank you for your question.

Yes, that clause is way too broad and would be read to mean you are giving up 1/2 ownership of all "musical compositions which are written, owned or controlled by you prior to or during the Term. "

I hope this information is helpful.

Ask Your Own Intellectual Property Law Question
Customer reply replied 8 months ago
Now the contract has a term period.This clause will only be effective within the term period right?
Customer reply replied 8 months ago
But it didn’t use the word ALL. So how do we know if it means all
Customer reply replied 8 months ago
The Term shall consist of an initial period and one (1) separate option. During the Initial Period You shall deliver one Album no later than one (1) month following the date hereof. You shall deliver any subsequent Album no later than eighteen (18)
months following the delivery of the immediately preceding Album.This is the term period for the contract.Now does the publishing claim clause expire after this contractual term period fullfilled?
IP Lawyer: N Cal Attorney, Lawyer replied 8 months ago

This clause will only be effective within the term period right?

No that is not what the contract says. I can review the entire contract if you attach it here.

Ask Your Own Intellectual Property Law Question
Customer reply replied 8 months ago
full contract. let me know how this publishing right thing works and when it will terminate
IP Lawyer: N Cal Attorney, Lawyer replied 8 months ago

That is a horrible contract. Why 75% and not 100%?

Why aren't you allowed to record your own material again for 6 years?

Why is there no advance or signing bonus?

Why can't you veto the licensing of your material?

You can find entertainment attorneys in Nevada listed by locaiton here.

Please follow up on this with a local attorney.

I hope this information is helpful.

Ask Your Own Intellectual Property Law Question
IP Lawyer: N Cal Attorney, Lawyer replied 8 months ago

You might want to get a copy of

https://www.abebooks.com/Business-Music-Definitive-Guide-Industry-Krasilovsky/5150130097/bd

A fair contract would require the company to pay the production costs and would specify a promotional budget, but none of that is covered in the contract you posted.

Ask Your Own Intellectual Property Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an ip lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask N Cal Attorney Your Own Question
N Cal Attorney
N Cal Attorney
N Cal Attorney, Lawyer
Category: Intellectual Property Law
Satisfied Customers: 9,906
9,906 Satisfied Customers
Experience: Since 1983

N Cal Attorney is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Robert McEwen, Esq.

Robert McEwen, Esq.

Lawyer

883 satisfied customers

Licensed Texas General Practice Attorney

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

561 satisfied customers

I assist my clients with IP questions that arise in their daily course of doing business.

Thomas Swartz

Thomas Swartz

Lawyer

466 satisfied customers

Twenty one years experience as a lawyer in New York and New Jersey. Former Appellate Law Clerk.

Ely

Ely

Counselor at Law

461 satisfied customers

Licensed attorney in private practice.

Wilton A. Person

Wilton A. Person

Lawyer

352 satisfied customers

MBA, Experienced and Knowledgeable in Intellectual Property Law

BartEsq

BartEsq

Researcher

192 satisfied customers

Juris Doctor

P. Simmons

P. Simmons

Lawyer

178 satisfied customers

12+ yrs. of legal experience.

< Previous | Next >

Related Intellectual Property Law Questions
We are finishing an album and would like to give our
We are finishing an album and would like to give our producer 3 points on master recording. Does this mean he gets any writing credit on BMI? How do we do this without giving writers credit away. We w… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
14,261 satisfied customers
This is re: Entertainment Law In a nutshell. I'm one of two
This is re: Entertainment Law In a nutshell. I'm one of two songwriters on a song. The other songwriter is on the label where the music is being licensed. I was given a contract which included the fol… read more
Marc
Marc
Attorney at Law
JD
319 satisfied customers
I am a songwriter. I re studios to add music to my lyrics, I
I am a songwriter. I hire studios to add music to my lyrics, I give them chord notes and the studio adds a vocalist and a 5 piece band for a fee of $450.00 per song. I already own the copyright to the… read more
Christopher B, Esq.
Christopher B, Esq.
Attorney
Juris Doctor
2,218 satisfied customers
Probably the best movie musical of the Golden Age of MGM was
Probably the best movie musical of the Golden Age of MGM was "Singin' In the Rain" with music by Arthur Freed and lyrics by Nacio Herb Brown, produced in 1952 by the same Arthur Freed, who also produc… read more
montysimmons
montysimmons
Owner Simmons Patents
Doctoral Degree
328 satisfied customers
In 2001, I sold the master recording rights and copyrights
In 2001, I sold the master recording rights and copyrights to 10 of my best musical compositions to a music library. They would keep 100% publishing and I kept 100% writers royalties. After several at… read more
socrateaser
socrateaser
1,031 satisfied customers
Hello! I very recently released a CD for digital distribution
Hello! I very recently released a CD for digital distribution on CD Baby and am in process of releasing the physical album, hopefully within a month. I am the sole composer of all twelve songs---music… read more
socrateaser
socrateaser
1,031 satisfied customers
I have just learned that an individual who recorded an Arrangement
I have just learned that an individual who recorded an Arrangement of my music without my written agreement assigned half of the composer's rights and 100% of the publishing rights to himself. He has … read more
socrateaser
socrateaser
1,031 satisfied customers
I had a band sign the following contract for recording them
I had a band sign the following contract for recording them out of my home studio. At the time, the band has since fired one member and gotten one new one. For convenience and declarative ease, Reinve… read more
Attorney Wayne
Attorney Wayne
Attorney-at-Law
JD
1,492 satisfied customers
I have recorded songs in which I created the lyrics and music
I have recorded songs in which I created the lyrics and music composition. I plan to register the sound recording through Form SR (CD). Do I need to consider protecting the lyrics themselves through a… read more
N Cal Attorney
N Cal Attorney
Lawyer
JD
9,906 satisfied customers
Should I sign this Ive worked as an independent contractor
Should I sign this? I've worked as an independent contractor with a client for 16-years directing and editing videos for in-home DVD sales, broadcast TV and more recently web. This company has been bo… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 satisfied customers
(partial contract) Im happy with what they would do for me,
(partial contract) I'm happy with what they would do for me, but what about the % return? I'm a songwriter. (a) For good and valuable consideration, the receipt and sufficiency of which is hereby ackn… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
How can I set up an LLC or S corp for a rock band of minors
How can I set up an LLC or S corp for a rock band of minors? We need to protect their publishing and writing as well as liability. Should a parent of 2 act as officers and the minors are shareholders?… read more
N Cal Attorney
N Cal Attorney
Lawyer
JD
9,906 satisfied customers
Thirty years ago the group I represent signed a publishing
Thirty years ago the group I represent signed a publishing agreement. At that time the group owned 2/3% interest in the copyright and the publisher owned 1/3%. The group transferred it's 2/3% share an… read more
N Cal Attorney
N Cal Attorney
Lawyer
JD
9,906 satisfied customers
Greetings, I am a first-time producer putting out a DVD (about
Greetings, I am a first-time producer putting out a DVD (about 200 copies at the moment) of a concert of traditional Celtic music. One of the artists said she needs a mechanical license (probably she … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
When is a song a song When its created, or when is finished
When is a song a song? When it's created, or when is finished? If I have an exclusive contract with a Publisher, and I started a song during that period, but never sent it to them or finished it, and … read more
Patent Expert
Patent Expert
Doctoral Degree
29 satisfied customers
MY ARTIST RECEIVED A CONTRACT ABOUT A NEW SINGLE FOR A RECORDING
MY ARTIST RECEIVED A CONTRACT ABOUT A NEW SINGLE FOR A RECORDING ARTIST BUT MY ARTIST WAS TOLD THAT IT IS JUST A RELEASE FOR THEM TO RELEASE THE SONG ON THE RADIO. THIS IS WHAT IT READS: " 1. You will… read more
N Cal Attorney
N Cal Attorney
Lawyer
JD
9,906 satisfied customers
How do I find out who owns a song copyright and whether I can
How do I find out who owns a song copyright and whether I can print/sell a derivative work such as an arrangement of that song?… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers
Hi - I wrote most of a composition before handing it over to
Hi - I wrote most of a composition before handing it over to a project that I was in . That song was recorded as a band . I left the band and asked if they would stop selling that song because I might… read more
Alex Reese
Alex Reese
Intellectual Property Attorney
JD
3,460 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x