What happens to Deluxury Band

Leave tape - what happens to my "intellectual property"?

  • Good Morning,

    what actually happens when you leave a band as an individual and
    leaves "intellectual property" behind? Well, as a drummer, that's with the sheet music
    not sooo priority (as a rule you are not the composer), and of course,
    you used a certain rhythm - but how does it behave
    with texts (and that's what it's about for me)?
    Should you "take" the texts with you and continue to use the previous ones
    Forbid tape? Or do you leave the lyrics behind, because they might
    anyway not in the context of the next project in which one joins,
    could / would fit?
    Is a text if e.g. a word or even the refrain of another
    Band member, then a collective property of the band and may
    even after a complete tape dissolution of all (independently of each other)
    can still be used separately?

    What are your experiences / opinions on this?

    Greetings - R.

  • Most important counter-question: do you part in peace or in a quarrel?

    Are the songs Gema-relevant?
    Basically it is of course YOUR intellectual property and you are free to allow the rest to use it. On the other hand, if you wanted to prevent it, the legal proof would also be difficult, wouldn't it? If one of YOUR texts in a new combo fit on a piece, then just use it ... who cares?

    Signature temporarily not available (480)

  • Do you have the possibility to actually prove anything of it? Otherwise this remains a theoretical gimmick, but then has no use for you but practical value. That should always be clear. The possibility to exclude all but one of the other conceivable logical possibilities is not that easy.

  • If you want to secure your lyrics as your property, you can do this by depositing the thing with a notary, for example. Of course, you can't prevent your lyrics from being trumpeted elsewhere, but at least prove, if it ever turns out to be a "gigantic box office hit", that the thing came from your pen ...
    More about this here: click and on the associated website.

  • Hello,

    thank you ever for the first answers.
    In a fight? - No not yet).
    And: So far I would rather call us an ambitious amateur band
    - without any claim to professional direction. So without Gema.

    The option with the notary (I've already got some there like it notarized
    so beautiful means "treasures" deposited) is known to me.
    So from a purely legal point of view, it is already clear to me that the waterproof is only about
    a notary (or, for example, a registered letter to yourself) or similar.

    But for us it went the way it always did: "I've got here
    a text, let's try something about it. "One thinks
    not so tight at the time, so copyright law
    to deal with. And that with the burden of proof is probably not either
    very easily.

    I really only care how you did it in the past
    heit handled it yourself (everyone has separated from the band
    have already lived through it, and it is only just "at the top"
    cook "). But at least half of the songs come from mine
    (textual) feather.

    Greetings - R.

  • (or e.g. also registered mail to yourself) or the like.

    Subject "Proof by registered mail" is different again: Registered mail is actually never necessary ... legally absolutely untenable (known legal error). Because a registered letter does not yet define the content of the document served (it can also be an empty envelope). So, can you save the money ...
    The only legally effective forms of service are: Personal delivery by a bailiff or delivery with an independent witness.

    But now of-topic again:
    For me it was the case in the past that the bands no longer existed or could no longer hold up when I left. Or it was so that most of the rights are / were with an independent composer.
    Suggestion for you: Sit down, talk to each other and write down who did what on a song ... a la: Lyrics: Michael Maier, Bass: Claudia Schiffer or Drums / Percussion: Elvis Presley ...
    The document should then be signed by everyone.
    As I said: you won't prevent Claudia from taking your input with you somewhere. That would then be a matter of trust based on an agreement. It only gets hot when it comes to money and has to prove where the number comes from ...

  • Hello,

    what actually happens when you leave a band as an individual and
    leaves "intellectual property" behind?

    The question is as general as the correct answer: that depends.

    What about texts (and that's what I'm about)?

    As with other copyrighted ones - basically.

    Should you "take" the texts with you and continue to use the previous ones
    Forbid tape?

    Physically or legally? In any case: a matter of taste.

    Or do you leave the texts behind because they might not fit into the context of the next project you are joining anyway?

    A matter of taste. And a question of your own assessment of the value of the works.

    Is a text, if e.g. a word or even the chorus comes from another band member, is it the common property of the band and can it still be used separately by everyone (independently of each other) even after the band has completely dissolved?

    No. In this country there is a moral right that is inalienable. Whether one perceives this, however, is another question. The authors are the authors and the band doesn't change anything. The extent to which the donor of the word or chorus is co-author depends on his or her creative performance, with one word this is very borderline and would usually be negated, with the complete chorus more likely to be affirmed, what matters - as always - is the individual case and that is the respective work.

    What are your experiences / opinions on this?

    They are thin, my contributions were rather small and so was my interest in them, in particular there was no reason to think about rights. And then it comes to my opinion: one should honestly ask oneself what is important and what the respective act or omission is supposed to be good for. In the amateur area you will be allowed to be much more tolerant than where it is really about money. With serious affairs of the heart it can of course look different again, but I have not yet come across such matters in realiter, at least not fraught with problems.

    without any claim to professional direction. So without Gema.

    This is of course an indication of the importance, whereby VG Wort could still be considered, but that would probably also have to be negated.

    So from a purely legal point of view, it is already clear to me that the waterproof is only about
    a notary (or, for example, a registered letter to yourself) or similar.

    Maybe waterproof, airtight and gas-tight is another topic. There is no such thing as perfect security, but you can increase the likelihood of security through professional and creative action. The layperson often thinks too little and reads too much on the Internet.

    And that with the burden of proof is probably not either
    very easily.

    That is often the crux of the matter. But they only exist in court. As long as you are not there, you can stay relaxed. If you want to go there, of course, you should take precautions.

    I really only care how you have handled it yourself in the past

    We stopped using works by resigned members, so it was very easy. Nobody could play my drums anyway. I leave it to the imagination.


    Proof is less clear than the layman thinks, there are steps and there is a funny back and forth, in the end more proof than you think and then if in doubt it is less worthwhile. Specifically: if you have already received mail, you naturally open it and throw the content away after reading it, or what? Independent witnesses who have moved unknown after many years or even live underground are also such a thing and there have been notaries who died or fell into financial decline and other phenomena, oh, the world is simply unsafe.

  • Thank you, Jürgen.

    But what, please, is "VG Word"?


  • what, please, is "VG Word"?

    the "collecting society word", a kind of gema for scribblers.
    just google it ...

  • Set up a band contract for the future. All sorts of things come in, e.g. how the money raised from performances is used, whether there is fuel money for the individual band members who have different ways to get to the rehearsal room or venue. And also how the song utilization should look like. In good times it's great to sit down and discuss everything so that it's clear in bad times. My first inspiration is that the song will stay with the band, who can then continue to use it. If someone wants to get out, he's just unlucky. But that depends on so many details that one cannot lump it together. Sure it's different with every band. The more professional a band works, the more detailed such a contract must be. Maybe you can ask a professional band. It certainly happens more often that the main songwriter quits there and starts a similar band with new people.

  • Jürgen K has already written essentially everything that is important.

    I would like to divide the taste aspects that he indicated into two groups:

    1. money

    Song texts are perceived by GEMA - if you want to be financially rewarded for the further use of your own texts, you should register there as a lyricist and ensure that the band continues to use the texts every use (e.g. performances, CDs, etc. .) properly registers with GEMA. With amateurs it is not worth it, because it is only about penny contributions that would not even reintroduce the GEMA annual fee. But it is different when something is on the radio, etc.

    2. Honor

    The other aspect is that of moral law. As an author (only for unpublished works!) You don't necessarily have to accept that everyone can use your work. So if you are no longer green with the band, you can also tell them to please use their own lyrics / music. This is also possible as a mere "co-author". However, one must not act completely arbitrarily. But if you can prove, for example, that your lyrics are very personal and have nothing to do with the person of the hated singer in your ex-band (e.g. you wrote a punk anthem and the singer is a spoiled citizen's boy who has just declared, he would go to the armed forces after all in order not to risk his inheritance), then a ban would not be against "good faith" (so it is in § 8 UrhG).

    As a rule, you shouldn't worry if the others continue to use the work, but rather push for proper and correct registration with GEMA - then your ex-colleagues might reap the fame, but the money is not also foreign.

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