Freesound Forums

:? hey, I have this problem right now, Im in a band and we just got rid of our drummer, we have been recording for a while now and this problem just occured to us.

the recording is almost done and we are scheduled for a cd release show,
our ex-drummer says if we use the drum tracks he layed down he will press charges on us, these recordings where made on a regular accoustic drum kit recorded through a 2" analog reel to reel. Does he actually have grounds to press charges on us for this since he didnt write the songs at all? or is he shit out of luck on it?

I've been told that since its a drum track that you cant copyright it since it cant make a melodie and drum beats can be played by anyone, and if there was somekind of copyright on this then really everyone would be sueing each other over drum tracks? anyways, yeah im just really confussed, can any of you help? thanks

did he or any of you put pen to paper? if not then chances are he is indeed, as you put it. "sh*t out of luck on it"

as in all hard legal questions there is only one reply:

ask a lawyer.

seriously, if spending $50 for -say- half an hour right now gets you out of trouble in the future (and possibly pay a lot more), why risk it?

- bram

The drummer has no legal stronghold on your project unless he signed some sort of a contract...

I think he might have some claim to it.

makes sense if you think about it. IT IS HIS WORK IT IS HIM PLAYING IT EVEN IF YOU WROTE IT.

i'd say this might go up the ally of people who sample drummers of old. they are sampling others works-and getting sued when they use a straight up break that wasn't theres.

but don't quote me on that one...contract or no contract

its his work not yours.

but you should take a day to ask a lawyer. i have a lawyer friend-I'll ask him about the topic and see what he know's on it and post it later tonight if possible

Thank you guys for helping me out. He actually never signed anything, and we are actually recording through a place called VCC studios, wich is similar to Full Sail if you guys have heard opf it, I have spoken to vcc and they said they cant release any recordings, not even to us since they have no way of knowing that we might just take our recording to Full Sail. I know this seems kind of odd to hear, but this is a free recording for us in wich VCC is pressing the cd for free and distributing it as well.
anyways, if you guys have more information I should know just out of curiosity in this situation can you guys let me know? thank you so much!

to me that sounds odd..and scary.

if they wanted to rip you off...they could copy write YOUR WORK AND GUESS WHO'S SCREWED THEN?

but i don't know if that's possible is it? after all micheal jackson did by the rights to the beatles body or work..and guess who's getting the royalties from that. sure ain't the surving beatles.

but again don't quote me on that.

I think he owns the copyright to his performance, and is possibly in a position to sue.

US Copyright Office
Copyright in each separate contribution to a periodical or other collective work is distinct from copyright in the collective work as a whole and vests initially with the author of the contribution.

One solution would be to see if he's willing to sell the rights to use the drum track to you.

Now, I'm not sure what your agreement is with the studio, but it's possible that they are actually the ones who own the copyright. Did you sign a contract with them? If so, it would be best to review the contract.

I understand there *could* be legal issues involved but surely common sense might prevail. We don't know the ins and outs of the situation (age, just starting out, on the verge of something big etc). The fact that the band are getting the CD cut for free suggests it's early days and the drummer is just venting his initial disappointment.

I think LS hit the nail on the head about the actual ownership of the cd / music (both? surely there is some policy) If they do possess any rights to the recording / songs then maybe best direct the disgruntled drummer to the studio about it.

harri
I understand there *could* be legal issues involved but surely common sense might prevail.