You have copyright protection only if the work is copyrighted and secondly that party has infringed your right in any manner
Song uploaded to Youtube
2013 I had composed a song (derivative nature) using an old song for a film which was never released. There was no paperwork done as well and no proof of payments. 2015 The same film producer wanted to use the song in another film so the composer (me) and Lyricist had signed a separate documents assigning the song to him. 2020 Since the movie never released I uploaded the song to youtube, so the producer now is claiming damages to his film. Points to be noted: 1. The song is a remake of an old song (Old song + new song) this means the producer needs permission from all ELEMENTS (original song composer and lyricist or label, both male and female singers) to own the song. In this case he has only mine and new lyricist sign. 2. The Agreement I signed only mentioned the new song and has no mention of the old song although it is a remake. 3. The agreement mentions I was paid consideration but no amount. 4. A legal notice was sent to the singer although actually I uploaded it. The singer never signed any document. 5. The singer has filed defamation against him with legal reply. He never signed any document with producer. 6. Agreement doesnt mention work for hire or not. 7. - in the case of cinematograph film, if a substantial part of the film is an infringement of the copyright in any other work ??? 8. The copyright in a cinematograph film or a sound recording shall not affect the separate copyright in any work in respect of which or a substantial part of which the film, or, as the case may be, the sound recording is made. - The film producer is claiming damage to the film due to the song upload. 9. If someone is taking ur work and using it in the wrong way then u have copyright protection ??? He did not release the song and wasted my creativiity.
Asked 3 years ago in Intellectual Property
9 Answers
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.
You had signed an agreement assigning song to producer
2) agreement mentions you have been paid consideration
3) if song has been released by you producer can claim damages
4) your defence should be that no consideration was paid to you
Mr. Devajyoti Barman - no lifetime was mentioned or exsclusive was montioned If there is no implementation of the agreement after 5 years you have breached no law by uploading the song in YouTube. - i think its 4 years although is this true? - Where the assignee does not exercise the rights assigned to him within a period of one year from the date of assignment, the assignment in respect of such rights shall be deemed to have lapsed after the expiry of the said period unless otherwise specified in the assignment. ?? Mr. Ajay Sethi 2) since you have assigned the song to producer you could not have uploaded it on you tube without producer consent - How can he own the song if the singers and original composer have not signed? the agreement doesnt even mentions the original song name or the credits. Legally terms of agreement are binding upon the parties - Meaning? T Kalaiselvan - 1. He had not mentioned any amount nor there is any proof of payment. 2. Breach is non-payment 3. Most important - The song is a remake of an old song and the contract does not mention the song name (the original song/original authors) that has been recreated. Prashant Nayak - Which exception?
Asked 3 years ago
Terms of agreement are binding means when you have signed agreement with producer assigning the song you cannot upload it on you tube
it is necessary to peruse assignment agreement signed by you to advice further
You may first go through the agreement conditions in this regard.
If the agreement forbids you from indulging in such acts which may be termed as infringement of copyrights then you may have abide by the conditions that you have agreed to in the contract paper.
Claiming exemption on your own reasons or grounds would not legally justify your stand in this regard.
Hence you may better look for the ways for a compromise settlement instead of agitating over the issue or becoming ready to give a legal fight back without any base or documentary evidences to support your stand.
1. You have mentioned "the composer (me) and Lyricist had signed a separate documents assigning the song to him". The said agreement is required to be perused for correctly making suggestions in the matter.
2. On the face of it, if the remade song has been assigned to a third party by you on receipt of consideration then you can not legally upload the said remade song of yours which you have assigned to the said party.
3. The fact that it was a remake of a song and the said producer has not taken any consent or approval for using its remake does not give you any legal relief since the litigation will be concerning the remade song only and the Composer and the Lyricist of the original song has the liberty to take up the matter with the Producer (and also yourself) legally.
The agreement you had entered in to with the producer while assigning the remade song is required to be perused before passing any suggestion/advice to you legally.
Exception refers to whether the entire work comes under the actual infringement or just a similarly or inspiration. It needs to be proved. Other fact is that the same must be copyrighted before infringement
The song is a remake. Assuming you have the permission to remake, you assigned it to the producer for some consideration. Assignment term are not specific.
In such case if any disputes arises with regard to the assignment of any copyright, the aggrieved part may file a complaint to the Copyright Board for inquiry and passing necessary order including recovery of any royalty payable.
You uploaded the song to YouTube. Terms of assignment right is not clear.
Period of assignments is not specified. So the assignment will deemed to be five years from the date of assignment.
If you uploaded the song after such period it will not attract the infringement provisions of the Copyright Act and therefore shall not be liable for any damage.
