International Sound recording issue

I'm hoping that this isn't as complicated as I think it is:

I had a client come to me with the following situation. In the early 60’s, he was involved in a DooWop group. They never signed an agreement with a label, however, they did sign with a personal manager. The manager has since passed away, and the management contract no longer exists. The DooWop group released a single through a label, which received local airplay. Ultimately the band broke up, and everyone went their separate ways.

Recently, his daughter found his band featured on a DooWop compilation CD, released by a German label. It is his position that he is an owner of the sound recording that has been used for this compilation. (The label has created the compilation by “remastering” from the vinyl).

As far as I can see, the first issue is that prior to 72 there was no federal copyright protection of sound recordings. However, most States including his State of domicile do have sound recording protection prior to 72. The second issue, is that this is a German company (which is more of a pain in the butt than anything). The third issue is proving ownership of the sound recording, since generally it is the label that claims copyright of the sound recording, however, if nothing was ever signed with the label, and the work was not a work for hire, I wonder if you could apply “reversion” to the rights in a sound recording for the performers on the recording? (this, assuming the label had a de facto right to begin with).

So, the ultimate question: do you think there’s merit here? It seems like a mess, but I might be missing something that’s a little more clear cut in all of this.

Thanks.

Rich Frankel Received on Thu May 04 2006 - 02:55:00 GMT