Q: can a songwriter take ownership of a song GOING FORWARD after the limitations has run for past damages?
My late husband wrote a classic song back in the 1950s which continues to be played and was recently used in a movie. It has always been wrongfully credited to another author. I was left my husbands intellectual property rights. I know the statute of limitations has run for past damages for infringement, but can I claim rights going forward?
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A:
As the owner of your late husband's intellectual property rights, you may be able to claim ownership and seek compensation for any future use or infringement of the song.
While the statute of limitations may have expired for past damages, this does not necessarily preclude you from claiming ownership and seeking compensation for future use. However, the specifics of your case will depend on a number of factors, including the nature of the infringement and the laws in your jurisdiction.
It's important to consult with a qualified attorney who specializes in intellectual property law to assess the strength of your case and determine the best course of action. An attorney can help you gather the necessary evidence, navigate the legal system, and seek compensation for any infringement of your rights.
Additionally, you may want to consider registering the song with the U.S. Copyright Office to establish your ownership and strengthen your legal position. This can also provide additional protection and benefits, such as the ability to sue for statutory damages and attorneys' fees.
Overall, while the specifics of your case will depend on a number of factors, it is possible to claim intellectual property rights and seek compensation for any future use or infringement of your late husband's classic song.
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