• Song uploaded to Youtube

2013 
I had re-composed a song of an existing song for a film which was never released. 
There was no paperwork done .

The song Elements:
- original composer
- original lyricist
- Composer
- Lyricist - 
- Male Singer
- Female Singer

2015 The same film producer wanted to use the song in another film so the composer (me) and Lyricist had signed a document assigning him the song. The remaining elements did not give him any paperwork.

2020 Since the movie never released I uploaded the song to youtube, so the producer now is claiming damages to his film.
Asked 1 year ago in Intellectual Property

4 answers received in 2 hours.

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9 Answers

Refer to the the agreement whether there was a lifetime ban on you using this song.

If there is no implementation of the agreement after 5 years you have breached no law by uploading the song in YouTube. 

Devajyoti Barman
Advocate, Kolkata
22515 Answers
366 Consultations

5.0 on 5.0

1) if any legal notice has been issued to you claiming damages engage a local lawyer and reply to legal notice 

 

2) since you have assigned the song to producer you could not have uploaded it on you tube without producer consent 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

The terms of agreement you made with the producer will decide the nature of his claim. The producer can claim the damage despite movie not released.

 

 

Thresiamma G. Mathew
Advocate, Mumbai
1629 Answers
188 Consultations

5.0 on 5.0

As per the information provided you are the composer of song that means you have done artistic work and owner of IP Rights of that song music etc. Further you say that there does not exist any contract or consideration between you and producer of the film where you have taken the assignment for the music and song and film is delayed by long span then you have right to use your creativity way you desire.

Arihant Nahar
Advocate, Indore
125 Answers

4.8 on 5.0

You can contest the same by replying to the said legal notice

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

Deny your liability to pay any damages 

 

take the plea that no consideration changed hands although mentioned in agreement 

 


Legally terms of agreement are binding upon the parties 

Ajay Sethi
Advocate, Mumbai
84937 Answers
5618 Consultations

5.0 on 5.0

Yes you have copyright protection subject to the exception

Prashant Nayak
Advocate, Mumbai
24936 Answers
58 Consultations

4.4 on 5.0

If you have entered into an agreement with the producer about not indulging in such acts or have sold the copyrights to the producer, then you can be held liable for breach of contract or infringement of copyrights under criminal laws. 

You first ascertain the facts and get yourself confirmed that you are not obligated to him in any manner nor you are bound by any such conditions that may restrict you from the commission of this act.

If you are not at fault then you can deny his allegations and challenge him as per law of the land. 

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

You are incorrect in your opinion about this.

Whether the producer had utilised your song by releasing the film or not since he owns the film and the songs are part of the film, he is termed to be the owner of the copy rights of the songs too.

You have created the song for him as per the agreement and you were paid the remuneration as per the conditions of the agreement hence you are deemed to have relinquished your rights whatever  in the song, therefore your act of uploading the song in YouTube or in any other social media may attract the breach of contract and the legal consequences thereon, hence it is advisable that you better settle the matter out of court in a compromise way or be ready to fight a pitched legal battle.

T Kalaiselvan
Advocate, Vellore
75050 Answers
1263 Consultations

5.0 on 5.0

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