School Projects revisited

Awhile back, I asked for some opinions about a school project in which a musician is hired as an independent contractor to help children write songs. The musician wrote the music under a contract with the school that makes no mention of a work made for hire. The lyrics were dragged out of the children by the muscian.

The school district's attorney (who is not a copyright specialist) claims that it owns the lyrics and the music altho it's willing to concede the music. I suggested, per my own thoughts and a couple of comments from this group, that the children would own the lyrics, along with the musician.

This is getting somewhat ugly and the musician (my client) and I are meeting with the principal (who is arrogant, to say the least) tomorrow to try to come to an agreement.

Is there any way that the school district owns the lyrics, with no contractual agreement from the musician and no waiver from the children or their parents? Also, what about the music which my client wrote by herself.

Just to make things really interesting, she also wrote a note early on (before talking to me) which the district has that says: [my client] is the author of the music. The students are the authors of the words. The school owns the collection."

At this point, she wants to register the copyright to the music and just forget about the lyrics and the sound recording. Legally, who owns what? clearly, she cannot grant the copyright to the lyrics to the school without the agreement of the other authors, i.e., the children.

I want to be prepared fully for this meeting in the morning (I know this is a short notice to you), so I'd appreciate any thoughts you have.

Thanks,
Carol Cricow
<carol[_at_]yujean.com>

"Always do right. This will gratify some people, and astonish the rest." Mark Twain Received on Mon May 12 1997 - 18:24:44 GMT