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?
Todd ruled this as the sound engineer and his band have the copyrights to all the songs they recorded. Even though the engineer works at my studio and recorded his band with my equipment on his own time, I don't have any rights to their work. The band would be the copyright claimant which is "the party considered to be the basic owner of the copyright." (Patent, Copyright, and Trademark, Richard Stim, Pg. 237) Also the sound engineer is not under a legal contract stating the studio has 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?
Mr. Uglow ruled this in two ways. The first one being if I know of the site streaming our song, then we have a statute of limitations which is "the legal time limit by which a person bringing an infringement lawsuit must file suit."(Patent, Copyright, and Trademark, Richard Stim, Pg. 331) But if my band is unaware of the actions of the radio site, then if I am unaware of the infringement then my band can go after the site to collect royalties.
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?
Todd ruled this as a possibility depending on a couple factors that the courts will look at. He talked about trademark dilution of famous marks which are "widely recognized marks by the general consuming public as a designation of the source of the goods or services of the mark's owner." (Patent, Copyright, and Trademark, Richard Stim, Pg. 430) If my band builds up a fan base and someone decides to tarnish our logo, my band would be able to go after them for trademark infringement.
Question 4. Is the only way to use a sample of another artist's song is to ask for permission from them?
Todd ruled this as the only way to be able to use another artist's song is to get permission or else that is copyright infringement and that artist can bring an infringement action which is "a lawsuit brought against someone who uses a copyrighted expression without permission." (Patent, Copyright, and Trademark, Richard Stim, Pg. 280)
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?
Todd ruled this as my band is the music publishers/songwriter which are people "who own song copyrights and collect revenue" (Patent, Copyright, and Trademark, Richard Stim, Pg. 294) we have the right to collect a small percentage of every sale of the album that has the cover of our song.
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?
Mr. Uglow ruled this in two ways. The first one being if I know of the site streaming our song, then we have a statute of limitations which is "the legal time limit by which a person bringing an infringement lawsuit must file suit."(Patent, Copyright, and Trademark, Richard Stim, Pg. 331) But if my band is unaware of the actions of the radio site, then if I am unaware of the infringement then my band can go after the site to collect royalties.
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?
Todd ruled this as a possibility depending on a couple factors that the courts will look at. He talked about trademark dilution of famous marks which are "widely recognized marks by the general consuming public as a designation of the source of the goods or services of the mark's owner." (Patent, Copyright, and Trademark, Richard Stim, Pg. 430) If my band builds up a fan base and someone decides to tarnish our logo, my band would be able to go after them for trademark infringement.
Question 4. Is the only way to use a sample of another artist's song is to ask for permission from them?
Todd ruled this as the only way to be able to use another artist's song is to get permission or else that is copyright infringement and that artist can bring an infringement action which is "a lawsuit brought against someone who uses a copyrighted expression without permission." (Patent, Copyright, and Trademark, Richard Stim, Pg. 280)
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?
Todd ruled this as my band is the music publishers/songwriter which are people "who own song copyrights and collect revenue" (Patent, Copyright, and Trademark, Richard Stim, Pg. 294) we have the right to collect a small percentage of every sale of the album that has the cover of our song.
No comments:
Post a Comment