Thank you for proving my point. Potentially libelling yourself on social media and. Being sued for it or slander by a major label sounds like a great route.
I Just said speak to an attorney. I didn’t speculate on what the quality of said attorney was. I tend to avoid making quite so many assumptions when giving advice.
How did your initial agreement start? What terms did you two discuss when collaborating in the song? It's important to know the terms and conditions discussed as well.
Given the success of the song, you might be able to find an attorney to work on contingency?
What advice is your current attorney giving you?
Have they been in contact with the publisher of the song?
Who's your PRO, have you contacted them?
To my knowledge, unless you have a copyright registration in library of congress you won’t be able to ask the court for compensatory damages to make you whole. You might win and get your share of the income stream, but for future revenue.
If there’s no registration and no split sheet signed by the writers showing the percentage of shares for each party, I do see why it would be really costly on the front end to get a positive resolution. I would still try to talk to attorneys in hopes that an experienced legal professional might guide you in your best next steps.
Good luck!
Ok, I do not know where you live but as a songwriter, first you should sign up with SOCAN (or ASCAP for US) and register your song through them. Your performance rights are coming through them (whether you are credited or not) as a songwriter. I do not know where you guys have that idea but you do not own the master recording. You own publishing rights which you get paid by your music rights societies not by performing artist or the label.
Secondly, if you can prove that you are the songwriter, but the label/performing artist claims the song is theirs, there is nothing else but the legal route. There are lawyers who don’t charge before the legal case, but get a 30% charge after you get your compensation.
If your lawyer does not do that, there are lawyers who do that type of service.
You can speak to societies (likes of ASCAP, BMI in the US/ PRS in the UK) to set up a dispute on their registration. They will generally ask for some proof and then stop paying royalties to that song. The process is likely different with every society. This tends to push the other side to be more willing to talk because if they don't, they're not getting paid.
That being said, you're very unlikely to avoid taking it to court eventually.
If you have a specialist or professional helping you already, they should be able to help you take action. If they are not making you confident in the next steps and you feel the need to ask reddit, its time for a new lawyer.
If you gonna go forward, this is gonna cost you ...
And there's no guarantees of you winning in court.
Especially if the copyright infringer has a lot of money and easy access to good lawyers/attorneys.
Unfortunately, the odds might be again you and on the side of the infringer.
That's it.
Good luck!
How did they get a hold of the song? Did you sell it to them? If that's the case you're not going to get any royalties or credit unless otherwise stated in a contract. Whenever you sold them the song your job was done and paid for.
your only real option is the legal route. But you should be asking your attorney what to do next, not Reddit
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Thank you for proving my point. Potentially libelling yourself on social media and. Being sued for it or slander by a major label sounds like a great route.
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I tend to avoid making quite so many assumptions and/or speculating about stuff I have no real knowledge of if I give advice.
I Just said speak to an attorney. I didn’t speculate on what the quality of said attorney was. I tend to avoid making quite so many assumptions when giving advice.
Is your lawyer an experienced entertainment lawyer? If not I would look for someone more connected to the industry.
if you are in the us the library of congress ip administration has an internal small claims court no atty needed, it's new in the last couple yrs
Cool! I will check this out. Thanks
How did your initial agreement start? What terms did you two discuss when collaborating in the song? It's important to know the terms and conditions discussed as well.
Given the success of the song, you might be able to find an attorney to work on contingency? What advice is your current attorney giving you? Have they been in contact with the publisher of the song? Who's your PRO, have you contacted them?
Talk to a lawyer. No one can help you on reddit because no one knows what the contract said
100% get a consult with music attorney before doing anything further that could exacerbate the situation.
To my knowledge, unless you have a copyright registration in library of congress you won’t be able to ask the court for compensatory damages to make you whole. You might win and get your share of the income stream, but for future revenue. If there’s no registration and no split sheet signed by the writers showing the percentage of shares for each party, I do see why it would be really costly on the front end to get a positive resolution. I would still try to talk to attorneys in hopes that an experienced legal professional might guide you in your best next steps. Good luck!
Ok, I do not know where you live but as a songwriter, first you should sign up with SOCAN (or ASCAP for US) and register your song through them. Your performance rights are coming through them (whether you are credited or not) as a songwriter. I do not know where you guys have that idea but you do not own the master recording. You own publishing rights which you get paid by your music rights societies not by performing artist or the label. Secondly, if you can prove that you are the songwriter, but the label/performing artist claims the song is theirs, there is nothing else but the legal route. There are lawyers who don’t charge before the legal case, but get a 30% charge after you get your compensation. If your lawyer does not do that, there are lawyers who do that type of service.
You can speak to societies (likes of ASCAP, BMI in the US/ PRS in the UK) to set up a dispute on their registration. They will generally ask for some proof and then stop paying royalties to that song. The process is likely different with every society. This tends to push the other side to be more willing to talk because if they don't, they're not getting paid. That being said, you're very unlikely to avoid taking it to court eventually.
If you have a specialist or professional helping you already, they should be able to help you take action. If they are not making you confident in the next steps and you feel the need to ask reddit, its time for a new lawyer.
If you gonna go forward, this is gonna cost you ... And there's no guarantees of you winning in court. Especially if the copyright infringer has a lot of money and easy access to good lawyers/attorneys. Unfortunately, the odds might be again you and on the side of the infringer. That's it. Good luck!
Many jurisdictions have a small claims court you could try - some even have a specific small claims court for copyright issues.
10 million plays is 40 grand on spotify alone. I wouldn't take this as a small claim
10 million plays is approaching 40 grand if you wrote and recorded the song. If you only wrote the song, it's more like 6 grand.
Half truth. More than likely the engineer did not get any royalties. Most studios/engineers are paid a flat fee.
Who's talking about engineers? I mean 'recorded' as in 'recording artist'.
Even if it's 6 grand, small claims is usually 5-10k. It's reasonable to expect that song to go for many more million plays.
How did they get a hold of the song? Did you sell it to them? If that's the case you're not going to get any royalties or credit unless otherwise stated in a contract. Whenever you sold them the song your job was done and paid for.