Ownership of sound recordings?

Moe_Zambeek

We recorded some tracks at a studio recently and I'm wondering what the position is with ownership of copyright (p) in the sound recordings. I've seen some suggestions that the 'producer' owns the sound recordings, however as far as we're concerned there was no producer, just an engineer. 

Is there a clear answer to this? It must be a common area for confusion I would have thought...

Cirrus

I think whoever owns the recording medium owns the recording - unless you pay them for it of course! If the recording is of copyright material, they can't make money from it or show it in public without paying the copyright holder a fee/ getting their agreement.

Danny1969

There shouldn't be a problem with you getting a copy of the raw wav files, then you can own the medium and the copyright assuming it's your material. Even if the engineer was doing a bit of producing he doesn't own anything unless you agreed on points before you started 

Moe_Zambeek

I have the raw files material is our own.

wave100

I am not a legal eagle or anything, but I was under the impression that the recordings belong to whoever paid to have them made - so if you pay the studio, they belong to you. If a producer offered to record you at his studio without charging you, the recordings would belong to him since he is effectively paying...

Cacofonix

It's complicated.  Did you sign any terms with the studio?  Were you made aware of any when you hired the studio?

Did you sign anything at all?

Did you get an invoice?  What did it say on it, if anything?

Was copyright discussed?

What was the engineer's role?  Was he turning the dials, or did he have creative input?

Is there a dispute about who owns what?

Have you paid the studio?

Are they asserting ownership of the physical master?

Moe_Zambeek

Cripes To answer in order: No, no, no, no, no, turning dials, yes, yes, no Not sure that makes it clearer!

Drew_TNBD

Danny1969 said:

There shouldn't be a problem with you getting a copy of the raw wav files, then you can own the medium and the copyright assuming it's your material. Even if the engineer was doing a bit of producing he doesn't own anything unless you agreed on points before you started 

This is not true. Engineers own their recordings unless the contract states otherwise. This goes for live performances as well. Contracts differ from studio to studio, so check the small print. But first assumption should be that whilst you own copyright for the songs and performances, the engineer and/or studio owns copyright for the recordings.

Cacofonix

See http://uk.practicallaw.com/3-532-4069?q=&qp=&qo=&qe=#

Moe_Zambeek

Thanks!

Cacofonix

so query who was responsible for organisation of the recording for the purpose of the definition.  Heavily fact dependent according to the caselaw, so not a cut and dried answer.

What precisely is in dispute?

Moe_Zambeek

We want to release some material, original engineer claims he'll block release as claims to own copyright in sound recordings.

Cacofonix

Drew_fx said:

Danny1969 said:

There shouldn't be a problem with you getting a copy of the raw wav files, then you can own the medium and the copyright assuming it's your material. Even if the engineer was doing a bit of producing he doesn't own anything unless you agreed on points before you started 

This is not true. Engineers own their recordings unless the contract states otherwise. This goes for live performances as well. Contracts differ from studio to studio, so check the small print. But first assumption should be that whilst you own copyright for the songs and performances, the engineer and/or studio owns copyright for the recordings.

It's not that straightforward.  See the actual definition in the copyright act.

Handsome_Chris

Is this like a photographer owns the copyright to a snap no matter whose equipment they are using, or who they are snapping?

Cacofonix

http://www.musictech.net/2013/07/musicians-union-copyright/

Article says all parties' consent is required.

Moe_Zambeek said:

We want to release some material, original engineer claims he'll block release as claims to own copyright in sound recordings.