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Attorney Wendy, Expert
Hello. My name is***** know legal questions can be stressful and often complicated. As an attorney with 25 years of experience, it is important for me to understand the details of your situation so I can be sure to provide the best information I can for you. Once I provide a response, you are welcome to reply back with any further questions on this issue.
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Attorney Wendy, Expert
I understand why you want to resolve this issue of royalties or other payment for the past work with the language in this new contract. What was the agreement with this friend when you agreed to play fiddle on the song?
Attorney Wendy, Expert
Was any mention of royalties made prior to your playing the fiddle for the recording?
Attorney Wendy, Expert
Unfortunately, when you agreed to play on your friend's song, without a clear agreement that any original work you contributed would result in royalty payments, it would be viewed as a musician for hire situation where no copyright rights are created in the final song, meaning no royalties are legally due. You are entitled to whatever one time payment you were offered when you agreed to play. It is unfortunate that where the song would be released is not consistent with what you were told, but without a written agreement that set out those limits, it would are hard to pursue additional pay.
Copyright infringement to original music could be presumed if the fiddle intro is copied by another, but the owner of the copyright is likely the owner of the finished recorded song, which is likely your friend.
In the future, if you will not get co-authorship for original musical compositions, you would want more pay for the playing.
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Attorney Wendy, Expert
I do wish I had better news for you, but I am glad I could help in some way.
Attorney Wendy, Expert
You can absolutely ask for changes to the contract with language that limits it only to that album. Is this contract for a live performance that already occurred - it says it is on Nov. 3 of this year.
Attorney Wendy, Expert
And, you want what was already recorded only to be used on the live album but for no other purposes?
Attorney Wendy, Expert
I don't see a reference to future recordings in this contract?
Attorney Wendy, Expert
I think what you may want to ask for is an addition to section 2 that states what is not included, particularly any future live or recorded performances in which you participate unless a separate agreement is entered into between you two for such rights.
It may be hard to address past recordings.
Attorney Wendy, Expert
It could be read to include past and future work, though I think it would be a stretch to apply it to a completely new project, but adding a sentence like I summarized would make it clear.
Attorney Wendy, Expert
And, I would certainly make sure you are paid proper value for future work; so excluding future projects and shows is something to get included in the contract.
Attorney Wendy, Expert
Yes, you can start with that and if they refuse that change consider excluding only future performances and recordings.
Attorney Wendy, Expert
I am glad I could help and best of luck!