Do I Own The Sound Recording Copyright?
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- KVRist
- 59 posts since 22 Aug, 2022
Do I own the sound recording copyright to a demo that I paid to have done?
Having all the master tracks (which I do), could I theoretically take say the piano track from a demo of one of my songs and include that in a new production of the song and release it, or would that give me legal trouble?
I'm assuming that I do, since it was a work made for hire, but maybe I'm missing something.
Having all the master tracks (which I do), could I theoretically take say the piano track from a demo of one of my songs and include that in a new production of the song and release it, or would that give me legal trouble?
I'm assuming that I do, since it was a work made for hire, but maybe I'm missing something.
- KVRAF
- 1973 posts since 3 Jul, 2007 from Denmark
If they paid you to do a demo, they own the rights to it, since they hired you to do it for them. Just like any other musician who is paid to produce/play some part of a score/demo/song. They obtain no rights to the production either.
But I would ask the company you worked for, nothing wrong with asking.
But I would ask the company you worked for, nothing wrong with asking.
- GRRRRRRR!
- 17773 posts since 14 Jun, 2001 from Somewhere you're not!
It's the other way around - he paid them. Which means he owns it, lock, stock and barrel. It's the same as buying an instrument with preset sequences and arpeggios - you paid for those, which includes the right to use them in your own productions. If the people who did the work wanted to use it, even on a demo tape they use to get other clients, they'd need your permission to do so.
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Korg Odyssey, bx-oberhausen, Proxima, PolyMax, GR8, JP6K, Union, Atomika,
Invader 2, Flow Motion, Olga, TRK 01, Thorn, Spire, VG Iron
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- KVRist
- Topic Starter
- 59 posts since 22 Aug, 2022
No. I didn't ever work for them. They worked for me. They were a demo studio. I sent them my song with a simple piano accompaniment to the melody and lyrics that I sang. I hadn't ever met them in person, just consultation over the phone and e-mail. I paid them to do a job for me. They hired the session players at the instruction of what kind of production I wanted for the song.Luftrum wrote: Thu Jan 26, 2023 6:08 am If they paid you to do a demo, they own the rights to it, since they hired you to do it for them. Just like any other musician who is paid to produce/play some part of a score/demo/song. They obtain no rights to the production either.
But I would ask the company you worked for, nothing wrong with asking.![]()
I never met or saw the players or the producers. The demo studio produced the demo at my behest and under my instruction. I paid for it all and was sent a final mix of the song along with the original master ADATS of all the tracks, track paperwork and lead sheets that were used. From ADATS, I guess you can figure out that this was many years ago.
There were some vox tracks with a demo singer they hired, but I have no intention of ever using those tracks. I'm just talking about maybe using the ac guitar, the piano etc. being placed into a new, more complete and releasable production of the song.
- KVRAF
- 16823 posts since 8 Mar, 2005 from Utrecht, Holland
Yes, you owned it then, you still own it now.
You paid for it. It is totally yours. You are free to do whatever with it.
You paid for it. It is totally yours. You are free to do whatever with it.
We are the KVR collective. Resistance is futile. You will be assimilated. 
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My MusicCalc is served over https!!
- Beware the Quoth
- 35449 posts since 4 Sep, 2001 from R'lyeh Oceanic Amusement Park and Funfair
If you specified that in your contract, then yes. If you didnt, you should have.Domlun wrote: Thu Jan 26, 2023 5:49 am Do I own the sound recording copyright to a demo that I paid to have done?
Having all the master tracks (which I do), could I theoretically take say the piano track from a demo of one of my songs and include that in a new production of the song and release it, or would that give me legal trouble?
I'm assuming that I do, since it was a work made for hire, but maybe I'm missing something.
If it came down to a legal case you'd have a good argument that the rights were yours, unless the contract actually states the opposite.
An idiot on Set Theory:
"In some cases there is an object called red that contains everything that is red. In much the same way a pot is a plate."
"In some cases there is an object called red that contains everything that is red. In much the same way a pot is a plate."
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- KVRist
- Topic Starter
- 59 posts since 22 Aug, 2022
Oh... there was no contract or contracts on either side. It was a very informal and basic retail transaction.whyterabbyt wrote: Thu Jan 26, 2023 9:30 amIf you specified that in your contract, then yes. If you didnt, you should have.Domlun wrote: Thu Jan 26, 2023 5:49 am Do I own the sound recording copyright to a demo that I paid to have done?
Having all the master tracks (which I do), could I theoretically take say the piano track from a demo of one of my songs and include that in a new production of the song and release it, or would that give me legal trouble?
I'm assuming that I do, since it was a work made for hire, but maybe I'm missing something.
If it came down to a legal case you'd have a good argument that the rights were yours, unless the contract actually states the opposite.
- Beware the Quoth
- 35449 posts since 4 Sep, 2001 from R'lyeh Oceanic Amusement Park and Funfair
IANAL but IMO, the more informal it is, the more likely it is the other party could get away with the argument that they maintain the copyright, that you merely paid for licensing rights.
In US Law covering work for hire, for example, it states
In US Law covering work for hire, for example, it states
To me, that implies that without a prior agreement that you absolutely do get copyright, disagreement on the part of the work's creator as to copyright ownership could be sufficient to challenge that.For copyright purposes, the employer or commissioning party is both:
The author of a work made for hire.
The initial owner of the copyright in the work unless that party and the work's creator agree differently in writing.
An idiot on Set Theory:
"In some cases there is an object called red that contains everything that is red. In much the same way a pot is a plate."
"In some cases there is an object called red that contains everything that is red. In much the same way a pot is a plate."