How do I hold on to my ownership rights?

[Matt240368]

A producer who I formerly worked with plans to release a track on his album with content produced on my computer with plug-ins which I have legal licenses for (Hybrid, Arsenal, Nexus 2, and Beat Thang) and does not wish to pay me any percentage of what is generated from sales. I believe that since he recorded and edited the midi notes, he is entitled to all of the midi files that he produced, but not the sounds which were produced by my plug-ins even though the sounds were derived from his midi files. He does not own copies of these plug-ins, nor does he know anyone else who owns them, besides myself. I am allowing him to keep his contributions (the midi files) and replace the sounds with drums and synthesizers which he, himself owns. Additionally since I am the one in possession of the midi files, I can't see how he would be able to prove that he created them, however I am coming forth and acknowledging that he created them and I want to give him the midi files for free under the condition that he does not use my sounds. He has in his possession, an audio stem of the percussions, and the mix which I e-mailed to him a while ago.

He told me that he will be using the mix as is, and does not wish to share any of the profits with me so I have e-mailed him stating a version of what I wrote above, and I gave him the option of buying the sounds from me at a price that we would discuss (Am I allowed to do this?). I also stated that if he does not cooperate then I will pursue this in court when the album is released. I expect the album to generate profits given that he has a reputable manager and an upcoming gig at one of the biggest electronic music festivals in America.

Any help would be much appreciated.

 

[Matt240368]

"He has in his possession, an audio stem of the percussions, and the mix which I e-mailed to him a while ago."

Just to clarify, this mix is also an audio file, I am the only one who has the actual project file.

 

[Desire Inspires]

Hire an attorney.

 

[Matt240368]

I have an attorney in the family and I will pursue that route if needed. I would rather work something out before it gets to the point of bringing the case to court so I am on this forum to consult those who have had experience in resolving these types of altercations, in hopes that I can receive some advice on how to go about settling upon a reasonable solution that would be fair for both parties.

 

[Desire Inspires]

I have an attorney in the family and I will pursue that route if needed. I would rather work something out before it gets to the point of bringing the case to court so I am on this forum to consult those who have had experience in resolving these types of altercations, in hopes that I can receive some advice on how to go about settling upon a reasonable solution that would be fair for both parties.

Do not try to resolve this on your own. Pay the money and let the lawyer do his job. Your job is to make music The lawyer's job is to negotiate rights for the client.

People always try to work these things out on their own and usually get bullied around. You are already being bullied. The other party has already shown you that they do not want to negotiate. They are not scared of you and do not care about you. If you try to talk to them again, you will not solve anything. You have no leverage or power.

Hire a lawyer and let the lawyer do all of the talking. Trying to work something out only shows that you are scared and do not value your work. Trust me. People always know how to use and manipulate others in these deals. Only an aggressive and knowledgable attorney will be able to help you.

 

[Pumpthrust]

So lemme get this straight. If I loaned someone my guitar to record a song, I am entitled to a percentage of the song they wrote on my guitar because they did not own the guitar and thus do not have rights to the "sound" of my guitar? Are you really that desperate, OP?

 

[Matt240368]

So lemme get this straight. If I loaned someone my guitar to record a song, I am entitled to a percentage of the song they wrote on my guitar because they did not own the guitar and thus do not have rights to the "sound" of my guitar? Are you really that desperate, OP?

Although that is a valid point, that is actually different situation. This was my computer and my software; I did the engineering, I produced some of the parts, I manipulated the software to produce every sound that was used, I mixed the track, I edited his midi notes to conform to the time signature: I made a significant amount of contributions. He played keys on his midi keyboard so therefore he is entitled to keep the midi notes that he produced with his midi keyboard and not the sounds which I did not authorize him to use unless I am given some sort of financial compensation either up front or based on what comes in from sales. I did not lend him my computer to record anything. I did not say "you have free reign to do whatever you want with my software and whatever you produce you may distribute as your own without giving me any rights to the product." There was no agreement that the track was being produced for him to claim as his own. I am entitled to deny authorization of using my contributions.

 

[bandcoach]

it is not so much the use of the sounds as it is of the studio time and the resulting mix that you should be pursuing this guy for: if there was no payment made but he intends to use the final mix without your consent then he is guilty of theft of intellectual property.

Even in the most widely construed interpretation of you sharing the recording with him, you have an automatic 50 year protection (construing that you have made the recording publicly available by broadcasting it to him over a wire transfer - i.e. file sharing the final audio may be termed to be a broadcast) from him or anyone else exploiting that recording. - however, I am not a lawyer so you should consult your own quick.