QUESTION
Do I own the rights to a university's fight song?
Asked on Dec 07th, 2012 on Intellectual Property - Georgia
More details to this question:
During undergraduate studies, I composed a fight song for a university. It has since then been adopted as its official fight song for sporting events, etc. Do I own the rights to the tune? Could I seek royalties?
1 ANSWER
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Under the United States Copyright Act, the "author" of a musical work owns the rights to his creation and has the right to preclude it from being copied, or performed publicly, without his consent. This result might be varied by agreement and by certain circumstances of employment. Since you do not provide any facts to suggest that you may have been hired by the university to compose this song, nor do you indicate the terms of any agreement that you may have entered into with the university, ownership of the copyright in the work is presumptively yours.
If you have not already registered the copyright in the song, your rights to obtain any kind of financial redress for past infringement, including, extremely importantly, attorneys' fees for enforcement of your past rights, will be limited.
Please contact my office if we may assist you in perfecting your rights and enforcing them.
Answered on Dec 07th, 2012 at 7:28 AM