Re: Partial Contribution

From: Charles McGarry <cmcgarry[_at_]ix.netcom.com>
Date: Mon, 8 Mar 1999 13:55:47 -0600

On Mon, Mar 08, 1999, Michael Sullivan <mmsulliv[_at_]riderlaw.com> wrote:
>
> Client purchases CD from producer for exclusive distribution under
> its private label. Individual is hired by producer to play bass on
> one track and mix entire CD but no work for hire, assignment or
> other written contract between individual and producer is entered
> into. Individual files complaint against distributor claiming copyright
> infringment for both the "mix" and the bass contribution. Assuming
> all other contributors to the CD had work for hire agreements in
> place, any thoughts on the rights the bassist/mixer has in the work
> and how damages might be apportioned?

I don't believe there is a separate copyright in the "mix" or the Bass. The two of them end up as co-authors, and neither has an infringment claim against the other. They are, however, in great need of a settlement or declaratory judgment action determining percentage of ownership in the resulting sound recording.

Good luck.

Charles McGarry
<cmcgarry[_at_]ix.netcom.com> Received on Mon Mar 08 1999 - 19:54:36 GMT

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