My dad-lone survivor of a past famous singing group-Not making anything from his records.?
The tapes,CDs and some vinyl records are still selling worldwide. In the early years there was no such thing as copyrite. My dad is currently in a nursing home and not making a penny while others are benefiting from his past work. How do I go about getting information if his music was copyrited by anyone and what can we do subsequently?
I think you should make a New Years resolution that you are going to personally get to the bottom of this issue within the next month. Time is always of the essence when dealing with legal issues. You are just looking for someone who can guide you through the process and do so at a cost-effective price for youself. What is the point of securing your rights if all of the profits end up with the lawyer. However, it doesn’t have to end up that way. That is a defeatist attitude. Lawyers are in competition with each other to see that their clients get the best deal.
Your statement that ‘in the early years there was no such thing as copyright’ is simply not true.
‘Article I, Section 8, Clause 8 of the U.S. Constitution, also known as the Copyright Clause, gives Congress the power to enact statutes To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.’
Congress first exercised this power with the enactment of the Copyright Act of 1790, and has changed and updated copyright statutes several times since. The Copyright Act of 1976, though it has been modified since its enactment, is currently the basis of copyright law in the United States.
The length of the copyright term within the United States was extended by the Sonny Bono Copyright Term Extension Act, which made the copyright term the life of the author plus 70 years for works created after January 1, 1978. In the case of a work of corporate authorship (also known as “Work for Hire”) the term will be 95 years from the date of first publication or 120 years from the date of creation, whichever expires first. This legislation was challenged in court and affirmed by the US Supreme Court in the landmark copyright decision, Eldred v. Ashcroft (2003), in which the Supreme Court agreed that the length of the copyright term (ie, the period of time during which the copyright holder has a monopoly on its exploitation) could be extended by Congress after the original act of creation and beginning of the copyright term, as long as the extension itself was limited instead of perpetual. The duration of U.S. copyright for works created before 1978 is a complex matter; however, works published before 1923 are all in the public domain. In the US, after the death of a copyright holder, heirs inherit the copyright.
17 U.S.C. § 105 withholds copyright protection from any work of the United States Government, defined in 17 U.S.C. § 101 as “a work prepared by an officer or employee of the United States Government as part of that person’s official duties.” Any such work is therefore in the public domain.
http://en.wikipedia.org/wiki/Copyright
United States Copyright Law
http://en.wikipedia.org/wiki/United_States_copyright_law
There are many issues that deal with copyright. A person that writes, produces and performs his own work is different than a person that is a ‘musician for hire’.
Some pertinent questions:
What was the legal relationship between your father and this group?
What was the legal relationship between your father, the group, their management and the record company?
An example that comes to mind is Ron Wood of the Rolling Stones. It is common knowledge that Ron Wood can be considered a ‘musician for hire’ in the context of the Rolling Stones. (This may have been renegotiated in recent years).
He is paid on a per-performance basis, rather than as a member of the group. This means that he is paid far less than the rest of the members.
The question that arises, as does with your father, is how is his performance protected under copyright law in relation to his residuals. This is the crux of the issue that the copyright attorney must uncover. Music companies are constantly under a barrage of law suits relating to this.
The most recent public one that has come to light is an agreement between Bing Crosby and Universal Music (I believe)whereby Bing Crosby’s heirs are litigating on behalf of the estate of Bing Crosby as to an agreement made by Bing Crosby regarding his early catalogue; an ageement that has been overlooked by the music company; Universal, in paying residuals to the estate.
It is therefore the responsibility of the copyright attorney to uncover the agreements, assess their legality and, when warranted, proceed to address their client’s or his/her heirs
grievances in a court of law.
You should be able to explain your father’s case to a copyright attorney that practices in these issues without incurring any sort of fee.
Post your question to attorneys
http://attorneypages.com/secure/post_your_case/index.php
Useful Links on this page:
http://law.freeadvice.com/intellectual_property/copyright_law/
SURVIVOR ~ EYE OF THE TIGER.(VINYL)
|
|
JEFF ST. JOHN SURVIVOR 1965 – 75 VINYL LP 12″ THE ID GATEFOLD $195.41 |
|
|
PETE ROCK – SOUL SURVIVOR (VINYL 2LP) 1998!! RARE!! WU-TANG + OC + THE ROOTS ♫ $79.99 |
|
|
SOUL SURVIVORS When The Whistle Blows (Vinyl LP) Orig US Press 1967 Mono Sealed! $58.62 |
|
|
SOUL SURVIVORS When The Whistle Blows (Vinyl LP) Original US Press Crimson 1967 $39.07 |
|
|
Destinys Child Survivor LP 12″ VINYL RECORD NEW the MAKE AN OFFER! $27.34 |
|
|
SURVIVOR “EYE OF THE TIGER” 45 RPM VINYL RECORD ORIGINAL $24.95 |
|
|
SURVIVOR (AOR GROUP) didn’t know it was love 7″ blue vinyl b/w rhythm of the cit $20.76 |
|
|
12-0521-020 | SURVIVOR eye of the tiger JAPAN Vinyl $18.99 |
|
|
SURVIVOR EYE OF THE TIGER VINYL LP AUSTRALIA $16.60 |
|
|
PEGI YOUNG & AND THE SURVIVORS Bracing For Impact VINYL LP RECORD New! SEALED $16.98 |
|
|
CASH, LEWIS, PERKINS THE SURVIVORS, , YUGO LP VINYL $16.00 |
|
|
“SURVIVOR” CHINESE TEXT Decal Sticker – Vinyl Custom Wall Art Window Car CH-TA $14.95 |
|
|
Survivor Caught In The Game SEALED Vinyl LP 1983 $13.99 |
|
|
“SURVIVOR” CHINESE TEXT Decal Sticker – Vinyl Custom Wall Art Window Car CH-TA $13.95 |
|
|
42364 | SURVIVOR caught in the game JAPAN Vinyl $13.79 |
|
|
Survivor(Vinyl LP)Eye Of The Tiger-Scotti Bros.-CB 271-UK-Ex/NM $12.99 |
|
|
Pre owned SURVIVOR “EYE OF THE TIGER” LP Vinyl Record VG++ EXCELLENT $12.99 |
|
|
“SURVIVOR” CHINESE TEXT Decal Sticker – Vinyl Custom Wall Art Window Car CH-TA $12.95 |
|
|
SURVIVOR – Eye Of The Tiger – 1981 UK 7″ vinyl single $12.49 |
|
|
SURVIVOR – Caught in the game – 1983 UK 7″ vinyl single $12.49 |
|
|
1977 Keith Jarrett The Survivors’ Suite LP ECM-1085 Germany NM Vinyl $12.80 |
|
|
Survivor(Vinyl LP)Eye Of The Tiger-Scotti Bros.-CB 271-UK-Ex/NM $12.49 |
|
|
7360 | SURVIVOR eye of the tiger USA Vinyl $12.07 |
|
|
ALLAN CLARKE: The Survivor (rock & pop vinyl 12) $12.00 |
|
|
CUSTER & THE SURVIVORS: I Saw Her Walking / Flapjacks (soul vinyl 45) $12.00 |
|
|
SURVIVOR: Caught In The Game (rock & pop, vinyl 12) $12.00 |
|
|
EYE OF THE TIGER SURVIVOR VINYL 12″ LP $11.72 |
|
|
SURVIVOR The Search Is Over 7″ Single Vinyl Record 45rpm Scotti Brothers 1984 $10.93 |
|
|
SURVIVOR Eye Of The Tiger 7″ Single Vinyl Record Scotti Brothers 1982 EX $10.93 |
|
|
SURVIVOR Eye Of The Tiger 7″ Single Vinyl Record 45rpm Scotti Brothers 1982 EX $10.93 |
|
|
SURVIVOR Eye Of The Tiger 7″ Vinyl Record Scotti Brothers 1982 EX $10.93 |
|
|
“SURVIVOR” CHINESE TEXT Decal Sticker – Vinyl Custom Wall Art Window Car CH-TA $10.95 |
|
|
Survivor(Vinyl LP)Eye Of The Tiger-Scotti Bros.-SCT 32537-Holland-NM/Ex $9.99 |
|
|
Survivor(Vinyl LP)Eye Of The Tiger-Scotti Bros.-SCT 32537-Holland-NM/Ex $9.37 |
|
|
“SURVIVOR” CHINESE TEXT Decal Sticker – Vinyl Custom Wall Art Window Car CH-TA $8.95 |
|
|
SURVIVOR Eye of the Tiger ROCKY 3 7″ Vinyl $8.95 |
|
|
45rpm~SURVIVORS,The~Think Green/All You Have To~Vinyl 7″ Record♫ $8.50 |
|
|
SURVIVOR – Eye Of The Tiger – 1981 UK 7″ vinyl single no sleeve $7.80 |
|
|
s2891 | SURVIVOR eye of the tiger JAPAN Vinyl $7.99 |
|
|
s3678 | SURVIVOR eye of the tiger JAPAN Vinyl $7.99 |
|
|
“SURVIVOR” CHINESE TEXT Decal Sticker – Vinyl Custom Wall Art Window Car CH-TA $7.95 |
|
|
Survivor 7″ 45 Vinyl Single – Eye of the Tiger $7.82 |
|
|
SURVIVOR FRANK STALLONE Rocky III Soundtrack VINYL LP Eye Of The Tiger Pushin’ $6.99 |
|
|
THE CAPITOLS/SOUL SURVIVORS “DOUBLE HITS” 7″ 45 VINYL $6.99 |
|
|
45385 | SURVIVOR caught in the game JAPAN Vinyl $6.99 |
|
|
s14931 | SURVIVOR eye of the tiger JAPAN Vinyl $6.99 |
|
|
“SURVIVOR” CHINESE TEXT Decal Sticker – Vinyl Custom Wall Art Window Car CH-TA $6.95 |
|
|
SURVIVOR: Man Against The World (rock & pop vinyl) $6.00 |
|
|
SURVIVOR – EYE OF THE TIGER. 1982 UK VINYL LP $5.93 |
|
|
SURVIVOR EYE OF THE TIGER/TAKE YOU ON A SATURDAY, UNIQUE GERMAN PS 7“ VINYL $5.00 |
|
|
7″ Vinyl Single – Survivor – Eye Of The Tiger $4.67 |
|
|
45rpm~SURVIVOR,The~The Search Is Over/It’s The♫Vinyl 7″Record♫PICTURE SLEEVE♫Exc $3.00 |
|
|
45rpm~SURVIVOR,The~I Can’t Hold Back/I See You In Everyone♫1984♫Vinyl Record♫EXC $2.90 |
|
|
45rpm~SURVIVOR,The~First Night/Feels♫Vinyl 7″ Record♫VG $1.50 |
|
|
Survivor 45 rpm Record Drink Coaster – Eye Of The Tiger MADE WITH THE ORIGINAL 45 RPM RECORD. EMBEDDED IN A HIGH GLOSS ACRYLIC CASTING FINISH WITH CORK BACKS. THE 7 INCH RECORD HAS BEEN CUT DOWN TO 4 X 4 INCHES…. |
|
|
Breast Cancer Awareness Survivor Personalized Banner 18 Inch x 54 Inch All-Weather Vinyl All of our banners are printed on durable, weather-resistant 10 oz vinyl with brass grommets for quick and easy hanging! Use our exclusive customizion tool to upload and add your own digital pictures, change text, colors, and fonts, resize and resposition text and pictures anywhere on the banner, and make your customized banner as special as your memories! Check out our other coordinating personal… |
|
|
The Abyss (Special Edition) $7.07 Meticulously crafted but also ponderous and predictable, James Cameron’s 1989 deep-sea close-encounter epic reaffirms one of the oldest first principles of cinema: everything moves a lot more slowly underwater. Ed Harris and Mary Elizabeth Mastrantonio, as formerly married petroleum engineers who still have some “issues” to work out, are drafted to assist a gung-ho Navy SEAL (Michael Biehn) with a… |
|
|
Escape from New York $6.14 In the future, crime is out of control and New York City is a maximum security prison. Grabbing a bargaining chip right out of the air, convicts bring down the President’s plane in bad old Gotham. Gruff Snake Plissken, a one-eyed warrior new to prison life, is coerced into bringing the President, and his cargo, out of this land of undesirables. Kurt Russell put his Disney days behind him as the ni… |
|
|
White Squall $9.99 A true adventure set in 1960 about a group of troubled prep school students’ Caribbean sailing journey that turns deadly when they face a rare turbulent storm known as a “white squall.” After the survivors are rescued, captain Jeff Bridges goes on trial for his role in the doomed voyage. With John Savage, Caroline Goodall, Scott Wolf and Balthazar Getty; directed by Ridley Scott. 129 min. Widescre… |
|
|
Asia $3.47 This CD can be considered somewhat rare now…. |
|
|
Survival $6.33 11 TRACKS: 1) So Much Trouble In The World 2) Zimbabwe 3) Top Rankin’ 4) Babylon System 5) Survival 6) Africa Unite 7) One Drop  Ride Natty Ride 9) Ambush In The Night 10) Wake Up And Live 11) Ride Natty Ride (12″ Mix)…
|
|
|
Survivor, Vital Signs – Vinyl LP Record … |
|
|
Survivor, Vital Signs – Vinyl Record … |
|
|
Street Survivors – Vinyl LP Record … |