Hi, I wrote an original song and then sang the melody into a digital voice recorder. I then uploaded the lyrics and mp3 to a website where people do things for $5. In this case, a woman named Julia sang the song and even added a nice guitar instrumental to it. She did this for six or seven songs and I now wish to sell the songs on Amazon and iTunes. Part of the TOS (terms of service) of the website is that I cannot contact Julia directly. So I don't know her correct email or even if Julia is her real name. We don't have any written copyright agreements in place but since I paid her for her singing services, do I owe her any future royalty on sales? And do I own the publishing rights and copyright for the sound recording and any future PA recordings if I fill out the PA and SR forms?
That is quite a horror story. You have screwed up. It is because you previously screwed up by not working with an entertainment lawyer. You have no clue how the music industry works and yet you uploaded your lyrics and mp3 to some website where "people do things for $5" One thing they do for $5 is put you in a big legal mess. Unless there is some written agreement part of the terms of this website that transfer copyright to you for the sound recording, Julia now has control of the songs she recorded because she owns the sound recording copyright. She added an instrumental, which if you do not have a written transfer likely makes her a coauthor. Coauthors can reproduce and distribute the copyright protected work with only a duty to account for a prorata share to the coauthor. You need to have a copyright assignment in writing to transfer that sound recording copyright to you. You went cheap and it seems you got what you paid for, essentially nothing, except a publication that was probably more than three months ago, and no doubt you have not registered your copyright yet. You need to see a music industry attorney pronto to what sort of mess you have created and how best to save you, if possible.
will not give you your answer, as we need to review the TOS of the site, review your mp3 and lyrics, review what "Julia" contributed, and review the registration status of this composition and song. We cannot ethically give you a specific answer, just general advice. The best general advice you can get here is to see a music lawyer as you potentially have screwed this up so badly you will not be able to safely proceed. Hopefully not. is a place to find a lawyer to hire. One from LA will no doubt answer you. If not, you might go to the Find A Lawyer tab and look for Michael Doland or Pamela Koslyn and give one a call.
Oh my, You need to education yourself on the basics of copyright law. There are essentially two copyrights that attach to a sound recording. First, the songwriters own copyrights in the music and lyrics (the musical composition) and these copyrights are typically assigned to or administered by a music publisher (this is where publishing rights come in. Since you wrote the song, you own the copyright in the song (and you control the music publishing in the song and own all publishing rights until you make a deal with a publisher or name yourself as publisher).
A separate set of copyrights surround the sound recording----these include the copyright in the master recording and the copyright in the performance. The copyright is owned by the persons who made the sound recording and performed on it unless those persons assign ownership of the copyright to someone else---and under copyright law, such an assignment of ownership must be made in writing. Your payment of $5, without a written agreement assigning you ownership of the copyright in the sound recording, does not entitle you to ownership of the copyright in the sound recording. While you probably have the right to listen and play the sound recording for your own enjoyment (and perhaps even to help you improve the musical composition), you have no right to sell, distribute or license the sound recording for others. Julia and only Julia (whoever she is) owns that right. You need permission from Julia to sell the songs on Amazon and I Tunes, and without obtaining such permission, you are engaging in copyright infringement. Further, you would be violating Julia's right of publicity by using her voice and image (represented by her voice) to sell the song. You cannot solve this matter merely by paying her a future royalty---indeed, if you sell this song without her permission, she could force you to disgorge all profits that you made from the song.
Thus, the only way you can legally sell this song is to find Julia and get her permission. If you cannot find Julia, you are out of luck.
One further point. You indicated that Julia added a nice guitar instrumental on the version of the song that she recorded. This leads to another problem. As to at least that version, she might be able to claim that she is a co-author of the song (or at least the guitar instrumental in the song), and would be entitled to a songwriting and publishing share.
Bottom line---you don't get much for $5. And you surely don't get the right to make money by selling the recording made by Julia without Julia's permission. If you do so, you risk financial disaster.
Andra Marie VaccaroIntellectual Property Law AttorneyLos Angeles, CA ·
I agree with both of my colleagues -- What exactly were you hoping to achieve when you uploaded lyrics and your melody onto a website where people do things for $5? If you decide that you want to proceed forward, you must see an IP attorney to sort this matter out. You should take with you a copy of the terms of service of the site, any correspondence that you had with Julia, all your proof that you are the author of the melody, any confirmations you received from the website that your melody was uploaded and when, and any other relevant materials that you may have.
Rasheed Mikal McWilliamsLitigation LawyerPasadena, CA ·
You definitely need to consult with an expert music attorney to work out this situation. Nevertheless, as pointed out by the previous responders, you have placed yourself into the middle of a thicket, however, this can be sorted out with the proper legal guidance.
From a legal standpoint, the TOS will have to be reviewed, however Julia's identity is not protected from the subpoena power of the courts.
Review the circulars below and give me a call if you want to hire someone to pursue your rights.
There are some good answers here, but I do think there's a simple answer. Go to the terms of service of the site, the agreement you made by submitting the music on the site, and the protocols of the site. Typically, a session/demo singer can be paid, and they will not have any rights to the recording of the song for any purpose. That will typically be achieved by a release or short form work for hire/session agreement. However, with her having provided an additional and original guitar part she'll definitely own that.
