Santa Monica, CA asked in Contracts and Intellectual Property for California

Q: Do signed agreements giving ownership of a music video allow to use audio (recorded for and during production)?

signed agreement:  singer ".... authorizes others to use my name, voice and likeness in connection with the production [...] Producer..” (me) “...is the sole owner of all rights in and to the picture and all elements thereof, including photography and recordings of my voice and likeness. [...] I acknowledge and agree that Producer has no obligation to use my name, voice likeness in connection with the Picture."

2 Lawyer Answers
Robert P. Cogan
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  • San Diego, CA
  • Licensed in California

A: It would be necessary to read the agreement in order to understand the deal between the parties. It may seem "fair" for a producer to have the right to use audio, but the rights are determined by the agreement.

It is difficult for an individual to achieve a desired outcome when dealing with the other side's lawyer. It is difficult for the individual to discern what the weaknesses are in the legal position of the other side. It is also difficult to discern where the lawyer is "blowing smoke."

A letter back to the lawyer from another lawyer could be effective.

Marcos Garciaacosta agrees with this answer

A: You need to analyze the whole agreement, and also look at the intention at the time of signing. All other collateral elements that were involved in the negotiation if any. Whether you are successful or not will depend on the strength of your contract and the willingness of the other party to negotiate.

Talk to an attorney to make sure you are protecting your rights.

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