Rules regarding music of non-existent bands?

Sphexi

Diamond Member
Feb 22, 2005
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Finally got ahold of a Left Pencey CD, and it's just as awesome as I remember. I started looking at the case for it though, and the website on it no longer exists, as their own site doesn't either. At the same time, it says that the CD is copyrighted by Left Pencey, and nowhere is there a publication company, record company, nothing. It was produced and distributed by the band themselves, and the band no longer exists.

Who then, does ownership of the copyright fall to? The writer of the lyrics, or do they have equal share still?
 

FoBoT

No Lifer
Apr 30, 2001
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fobot.com
so the members of the band are all dead? or they just aren't a "band" anymore?

unless they are dead, i think it still counts, for 50 years or something like that
 

Sphexi

Diamond Member
Feb 22, 2005
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Originally posted by: FoBoT
so the members of the band are all dead? or they just aren't a "band" anymore?

unless they are dead, i think it still counts, for 50 years or something like that

Not dead, just no longer together as a band. It's very specific as far as saying it's copyrighted by "Left Pencey", no individual names, I'm just curious how it'd work. I'm not sure if they get along anymore, or if they'd go to court over it in the future, doubt it though.
 

CountZero

Golden Member
Jul 10, 2001
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Here's my non-lawyer guess:

Copyright lasts lifetime of owner plus I believe 50 years. In the case of a collaboration I'm not sure whose life or if there are different rules.

Since the copyright was for the creative collaboration between a group of people collectively known as Left Pencey and nothing else is specified I'd say they each have equal share. I do not believe that just because a band has broken up that that will change ownership. However the copyright covers the music itself as recorded on the CD it (unless also specified or applied for at the USPTO) does not cover say the lyrics or the sheet music version of the song. I'd imagine it could get sticky if a member wanted to perform something they wrote in that band in another band.

Again, not a lawyer, probably wrong but there ya go.
 

Sphexi

Diamond Member
Feb 22, 2005
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Originally posted by: CountZero
Here's my non-lawyer guess:

Copyright lasts lifetime of owner plus I believe 50 years. In the case of a collaboration I'm not sure whose life or if there are different rules.

Since the copyright was for the creative collaboration between a group of people collectively known as Left Pencey and nothing else is specified I'd say they each have equal share. I do not believe that just because a band has broken up that that will change ownership. However the copyright covers the music itself as recorded on the CD it (unless also specified or applied for at the USPTO) does not cover say the lyrics or the sheet music version of the song. I'd imagine it could get sticky if a member wanted to perform something they wrote in that band in another band.

Again, not a lawyer, probably wrong but there ya go.

Makes sense, I always figured that in a case of a band breaking up, the publisher/record label company (like RCA/SONY) would hold onto the copyright for the band members, and properly dispurse any profits gained from the copyright to the various members of the band. But since they did this all themselves, hard to say I guess.