Property issue..

UPDATED: Sep 30, 2022

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Property issue..

Heres a legal question
My son has a recording studio home based, not an official business.
Someone asked if she could record a song or two against pre-recorded music.
Are those recordings HIS? Or are they property of the singer?
If they are HIS as it is his studio, can he sell them to me?

Asked on June 23, 2016 under Business Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

They are the intellectual property (i.e. copyright) of the writer (the person who wrote the song, who may or may not be the singer) unless that person was hired to write them (in which case they will belong to the person who hired them) or the writer otherwise, by written agreement, gave ("assigned") the rights (whether for free or for money or for something else valuable) to the song to another person.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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