New London, CT asked in Copyright, Entertainment / Sports, Trademark and Intellectual Property for New York

Q: A colleague (musician-turned-lawyer) and I have written a musical piece together.

A colleague (musician-turned-lawyer) and I have written a musical piece together. Can he himself represent the music legally and handle the copyright registration? He would also have to be the legal third-party regarding the publishing company. It seems to me this would all present a conflict of interest. Yes, I know lawyers can be their own clients as well, but this seems a little more involved. Now that things are moving quick into production, attorney involvement is necessary here. Thanks!

3 Lawyer Answers
Giselle Ayala Mateus
Giselle Ayala Mateus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Trademarks Lawyer
  • New York, NY
  • Licensed in New York

A: If you and him are business partners, one may thing that their interests are aligned. However, it may not be the case for ever. It is a good practice to have independent counsel. Thereafter, you can make an informed decision as to who should be in charge of the legal aspects of the registration of this piece or any other business ventures.

This is not legal advice. ONLY general information. The best is to retain the service of an attorney licensed in your jurisdiction.

Marcos Garciaacosta agrees with this answer

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›

A: It is possible for your colleague, as a lawyer and co-creator of the musical piece, to represent the music legally and handle the copyright registration. However, there could be potential conflicts of interest depending on the specific circumstances of your situation. It is important to discuss any potential conflicts with your colleague and come to a mutual agreement on how to proceed. You may also want to consider consulting with another lawyer to obtain independent legal advice.

Marcos Garciaacosta agrees with this answer

Marcos Garciaacosta
Marcos Garciaacosta

A: You should consider the option of consulting with your own lawyer.

Your friend should abide by the highest ethical standards and include you in the copyright according to rules and contributions.

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