QUESTION
I am a composer who wrote a song years ago that was published in 1982 and featured on a record album.
Asked on Apr 18th, 2012 on Entertainment Law - California
More details to this question:
I hold 35% of the writing credits and it is split up among 4 other composers.
Since 1982 I have received only royalties from BMI for radio airplay but not royalties from the actual sale of the album. It has recently been released again on CD and I want to know if I have a right to any revenue or royalties from album dating back to 1982.
Thanks,
1 ANSWER
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Nancy J. Flint Attorney at Law, P.A.
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BMI is a performing rights society and only pays royalties for radio airplay and other sources that actually play the music, but it does not pay royalties for sales of songs or albums. Check to see what your agreement with the label says about you getting paid royalties for album sales. Regardless, you almost certainly will face a big issue getting royalties for sales that were made earlier to the applicable statute of limitations. You would have to figure out the legal theory you would sue, then figure out the state, then determine its statute of limitations.
Answered on May 13th, 2012 at 8:23 AM