ok so as you may or may not know I am a kinda a new music artist and I wanted to mix up the voices on my album some, So I found this solo artist who is really good and I liked his style so I asked for a collab. I paid him 100 dollers to be featured on HIS song [the beat he bought from another producer, he wrote the chorus/first veres/and last veres, and I got the middle] I also have emails from him saying its ok for me to put it on any CD I want and make money off of it and he dosent expect any more money then the 100 dollers already paid. Will emails hold up in cort? can he still sue me later if he wants? and how long does he have to act legally??? can anyone help?
2007-05-14 10:31:46 · 4 answers · asked by joseph terine 1 in Politics & Government ➔ Law & Ethics
E-mails can hold up in court, as they can be a written instrument, especially if certain formalities on "electronic signatures" are followed, but because they are not signed by a party and are fairly easy to alter, I would want something more substantial in writing.
You also have to be concerned about the beat he "bought" from another producer. This pruchase may not have given him the unlimited license to re-record the beat to allow someone else to use it for profit. (Just like if you go to Best Buy and purchase Michael Jackson's "Thriller" you can't use large samples of it in your music, because the license you purchased didn't give you that right.)
Sure he can still sue you later, subject to your agreement. Generally, copyright infringment suits must be commensed, I believe, within 3 years of the infringement, but each new act can be an act of infringement (so if you print more than one run of CDs the new print can be an act of infringement... your playing it to an audience can be an act of infringement... get it?) He could also sue you for other state or common law actions (like violations of rights to publicity, breach of contract, unjust enrichment, promissory estoppel, etc) Those statutes of limitations vary by jurisdiction.
Talk to a good IP lawyer about this. Spending $500 now may save you thousands down the line.
2007-05-14 10:52:18 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
Emails may hold up in court, but this guy may not be the only one with a right to the music. The producer of the song may have a copyright that this guy didn't completely purchase. Copyrights can be a tricky issue. You may not have purchased all necessary rights to this song to sell it on a large scale. It wouldn't hurt to check with a lawyer.
2007-05-14 10:39:31 · answer #2 · answered by Anonymous · 1⤊ 0⤋
I would actually, take those emails to a lawyer and have him draw up an official contract. Then have your guy sign it. If he's having second thoughts, emails can be very unreliable. Contracts are teh only thing that are "set in stone".
2007-05-14 10:37:42 · answer #3 · answered by arus.geo 7 · 1⤊ 0⤋
learn to spell!
2007-05-14 10:34:57 · answer #4 · answered by Bill in Kansas 6 · 0⤊ 1⤋