Thursday, March 14, 2013

Final Project: The Questions

Question 1. If I own a recording studio and I hire a sound engineer and he decides to record his band as a side project at my studio, do I have rights to the songs they just recorded?

This interests me because one day in the future I would like to own my recording studio. The legal issues here would be whether or not my sound engineer employee is a work made for hire "which is a work created by an employee within the scope of employment or certain works specified in the Copyright Act created by an independent author under a written contract specifying that the project is a work made for hire." (Patent, Copyright, and Trademark, Richard Stim, Pg. 340) Depending if I put him under certain stipulations while he works here, will determine if I have rights to their songs. 

Question 2. If an internet radio streams one of my bands songs without our permission, could we collect royalties for how many times the song has played?

This question interests me because I am in a band, if we make it big and have hit songs, more than likely one of our songs will be streaming on one of those internet radio sites. These are labeled as webcasting sites which is "the digital transmission of music over the Internet. " (Patent, Copyright, and Trademark, Richard Stim, Pg. 339) The legal issue here is if I can collect royalties for radio stations playing my band's song without our permission. I'm not sure how often this happens, but you can never be too sure. 

Question 3. If a company has a logo that looks similar to my bands and they use it in a derogatory way, can my band sue the company for trademark infringement?

I like this question because logos/trademarks are everywhere. These are the symbol that represent a company and that everyone recognizes. The legal issue here would be if the company is infringing upon my bands logo because it would be well known and it they would be causing trademark dilution which "impairs or tarnish its reputation for quality" (Patent, Copyright and Trademar, Richard Stim, Pg. 387) I wouldn't want some company tarnishing my bands reputation so they can make a few quick bucks. That is just wrong. 

Question 4. Is the only way to use a sample of another artist's song is to ask for permission from them? 

I am a huge lover of music and would like to take a step into the electronic music world. A lot of DJ's/Hip Hop Artists use sampling. Sampling is "the digital recording process of using a portion of a sound recording which can be manipulated to replay once or twice or repeat as a loop throughout a new recording." (Patent, Copyright, and Trademark, Richard Stim, Pg. 327) The legal issue here is that before I make a sample of another artist's song, I don't want to get smacked with a lawsuit for copyright infringement. 

Question 5. If a band wants to cover one of my bands songs and put it on their album, would we be able to collect a certain amount for royalties for every album they sell with the cover they did our song?

Covers are all around in the music world. Somewhere in the world, someone is learning an artist's song and will probably perform it live at some point in time. This interests me because at one time or another, if my band makes it big, someone out there will probably try to learn one of our songs and perform it at another time. My band as being the music publisher, who "own song copyrights and collect revenue, handle business formalities, sue infringers, and look for new ways to exploit songs." (Patent, Copyright, and Trademark, Richard Stim, Pg. 294) This would be another way for my band to make a little money on the side. 

No comments:

Post a Comment