Re: Ownership of High School Band Recording

>>> clist[_at_]mikephillips.com 09/11/02 08:04PM >>>
Academic question: When a high school band records its concert, who is the copyright owner of the recorded work? <<<<<

The "author" of a sound recording is generally considered to be the performing artists and the sound engineer as joint authors.

In addition, unless the work performed is in the public domain, the sound recording is a derivative work of the musical composition. If the recording is unauthorized, the purported copyright in the sound recording is invalid under Section 103. If it is authorized, the composer would have a claim to being a joint author as well.

[This is a moot point for most commercial recordings, where both the recording artists and the sound engineers sign "work for hire" contracts and/or assignments with the record company. But if the work for hire contracts are invalid (as many recording artists contend), it will become relevant when the "authors" attempt to terminate their assignments. Assignments made in 1978 can be terminated beginning in 2013.]

Tyler T. Ochoa
Professor and Co-Director
Center for Intellectual Property Law
Whittier Law School
3333 Harbor Blvd.
Costa Mesa, CA 92626
(714) 444-4141, ext. 243
(714) 444-1854 (fax)
tochoa[_at_]law.whittier.edu Received on Thu Sep 12 2002 - 18:25:40 GMT