QUESTION

I wrote lyrics to a song and co produced in 1999. Is there a statute of limitations for filing a copyright infringement case?

Asked on Jul 30th, 2013 on Entertainment Law - California
More details to this question:
It appears that the other party has received money for the song (which is on almost every music site) and never either added my name to copyright or decided not to pay me for my contribution. However, I am receiving full credit on CD.
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3 ANSWERS

Yes, the Statute of Limitations for civil copyright infringement is three years from when the infringement is discovered, or should have been discovered with reasonable diligence.
Answered on Aug 01st, 2013 at 5:14 PM

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Susan Marie Basko
You are asking whether you are past the statute of limitations on copyright infringement. You also say you are not listed on the copyright registration. You must have copyright registration with the U.S. Copyright Office before you can bring an infringement case. So, first, you need to see if you are eligible to be listed on the copyright registration. That will depend on the written terms of your co-songwriter contract. So, first, dig up your copy of that contract and bring it to a lawyer to see if you can be listed on the Copyright. Also discuss with the lawyer the possibility of being paid. If the person who wrote the music is the co-copyright owner, that person has the right to list and sell the song. So there is probably not really infringement. What there is is a failure to pay you for your portion of the sales and royalties. And that is if you have a right to payment. That right will depend on the terms of the co-songwriter agreement from way back when you were writing the song. Perhaps it was a work for hire, where you were being paid for your work then. Or perhaps you assigned your rights to someone else. Any lawyer would need to see the agreements from back then to know what ownership you may have. I hear stories like this all the time. That is why I tell people to get their own music lawyer early in their career. You cannot count on anyone else taking care of your legal work for you. Do not think that a manager or band member is responsible for getting your legal work done for you. Many such people lie about taking care of things and are really screwing over the songwriters and band members. Most managers and band leaders that I have come across are nearly clueless about how the law really works, even if they are well-meaning, which many are not. Many get their information from studio owners, producers, music teachers, bookers, and others who are not music lawyers. That is a very unwise way to take care of your legal work. You should never ever no never sign any agreement or contract without having a real music lawyer look over it. And I mean, a real music lawyer. Do not expect a manager or parent or friend to act as your lawyer. If you co-wrote the song, you can most likely petition the US Copyright Office to have your name added onto the copyright registration for the song. It is very common for people to cut other people out of song copyrights, although it is illegal. Some people think that since they are paying the registration fee, that it is every man for himself. When I hear stories such as yours, I ask what you have been doing for 14 years while the song has been sold and you have not been paid. Have you been in a coma? By waiting so long, you may have forfeited your right to past earnings. You will discuss this with the music lawyer.
Answered on Jul 31st, 2013 at 4:48 PM

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Business Litigation Attorney serving Oakland, CA
Partner at Bay Oak Law
3 Awards
There is a three-year statute of limitation for copyright infringement, dating from the time you knew or should have known that someone was infringing upon your copyright. However, it is not clear whether you have a claim for copyright infringement, because you may not have been listed as a copyright owner. You will need to discuss this in greater detail with a copyright lawyer.
Answered on Jul 31st, 2013 at 3:55 PM

This answer does not mean I am your lawyer. No attorney-client relationship exists. This response is for general information only.

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