QUESTION
Do I have to compensate any co-authors of a song if I perform the song in a contest and win any money from that song?
Asked on May 30th, 2012 on Entertainment Law - California
More details to this question:
I have written a song with two other artists and now want to perform that song in a competition. If I place in the top 3 positions of the competition, I would win some prize money. My question(s) are: 1) If I do place in the top 3, am I responsible for compensating the other 2 authors of the song? 2) If so, how do I determine how much I need to compensate them? and finally 3) Am I obligated to get the other author''s permission in order to perform the song in the competition?
1 ANSWER
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Nancy J. Flint Attorney at Law, P.A.
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You do not need the other owner's permission to perform the song live if the venue has a license that covers the song from a performing rights society, such as ASCAP or BMI. However, the question about sharing contest winnings is more difficult. Joint owners of a copyright work must "account" to the other owners for profits derived from exploiting the work. The law governing the right to an "accounting" falls under state law. You would have to consult an attorney familiar with "accounting" in the state law in which you live or would be performing the song to answer that question.
Answered on Jul 02nd, 2012 at 4:01 PM