Jacob Librarian
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Yes, unfinished parts of a multitrack sound recording are automatically protected by copyright., as long as they are original and fixed (recorded). Is the Drummer's actions legal? Maybe. Read on.
Music is considered two separate works, each equally protected under copyright. There is the completed song (lyrics and notes written out) which as a whole work is protected automatically once it is composed (fixed). And the second work is the recording of music, which is a copyright owned by the musical artists who performed the song and recorded it.
For example, your band wants to record a cover of a Aerosmith song. The complete song's copyright is owned by Aerosmith, and you will have to pay a license fee to play and record that song. However, your band will own the copyright of the recording. (the drummer owns the copyright of his contribution, the guitarist owns the copyright of his, etc) And, if Aerosmith wanted to put together an album of recorded covers of their songs, and wanted to use your recording, they would have to get permission from you (possibly paying a license fee) to use your recording of their song.
And this ownership of copyright is automatic as well. It doesn't have to be registered to be protected, but by registering the copyright the drummer has an easier time in a future copyright infringement law suit.
However, if the drummer was performing work for hire, that is if the drummer signed a contract with the band, preferably one that stated that all the copyrights of his work produced while under contract with the band is property of the band and not of individuals, then the recorded drum track copyright is owned by the band group as a whole and not by individuals. If this is the case, then the drummer did not legally register his drum tracks, as he/she did not own the copyright of those recordings. If the drummer starts a copyright infringmenet law suit, this argument, that it is a work for hire, may be the best defense. (please note that I am not a lawyer, although I have recently studied this issue for a masters degree) |
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