Copyright Aid

Hi there

I represent a charity that inherited the IP of a songwriter when he passed away.

In 1983 he wrote a song which is registered with PRS as 50/50% split with a publisher, and 100% of the mechanicals owned by the publisher. This song has been recorded a couple of times and proper entries exist on the PPL database.

We have been approached by an arranger seeking permission to publish sheet music, on a digital platform, of his arrangement of the song.

What are the implications of granting or withholding permission? Does the publisher also need to grant permission?

Thanks in advance

Budgie

Hi Budgie,

It will all depend of the contract the songwriter signed with the publisher as to what rights were assigned in whole or in part to them. There must be a contract of some description otherwise how can the publishers prove their 50% share of the performing royalties and 100% of the mechanicals. As you are presumably aware, the sheet music rights are separate from the other rights, although depending on the nature of the publisher's business operation, it is quite possible that the publishing rights were also assigned to them by the contract.
You should also check the contract to see if there is a reversion clause in it. Such things are mandatory under US law but are much rarer in English recording contracts. If there is such a clause, all the assigned rights will revert to the composer's heirs after a specified number of years from the signing of the contract.

http://www.babybarista.com/2019/02/25/w ... contracts/

https://www.mondaq.com/uk/copyright/826 ... copyrights

Thanks Andy

Since the song was written so long ago (40 years) there's no paper trail in my archive. I've written to the publisher to see what they have. We shall see.

Cheers

Thanks for that. You could also ask PRSforMusic if they hold any documentary evidence of the assignment.