#1
The ex guitarist in my band is arguing because we are still using his riffs..he brought riffs only to the band while the rest of us arranged and made songs out of them over 2 years. They are not copyrighted and its just a band for local gigs we arent going to tour or anything. Should we not play the songs?
#2
I think you both have equal rights to them. But I don't know anything...
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#3
if you wrote the songs when he was in the band and then he left then technically the songs are yours
its his loss tbh
thats how i see it anyway
#4
go ahead and use them, if all he brought to the table was a bunch of riffs while you guys did everything else its only fair that you get to use them whenever you want.
#7
You guys both own your share. You nor he own both songs. Just get him to sign something if it really worries you.
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#8
Yeh, you both have equal rights there. I think.
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#9
This is similar to Megadeth and Metallica. Mustaine claims to have rights over all of Kill Em All and some of Ride the Lightning. Listen to Mechanix it is a sped up version of The Four Horsemen. So you both should probably have rights over the riffs.
#10
Quote by deanfreak93
This is similar to Megadeth and Metallica. Mustaine claims to have rights over all of Kill Em All and some of Ride the Lightning. Listen to Mechanix it is a sped up version of The Four Horsemen. So you both should probably have rights over the riffs.

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#11
HE owns them.

Think of it this way, if I take a Metallica song and move the riffs around so they're still there, they're just in a different place, I don't own the song.

Edit: V he's right...
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Last edited by merfsullivan at May 30, 2008,
#12
they are owned by both of you.
if they were copyrighted under the band name, you get them.
if they were copyrighted under his personal name, they are his.
if no copyrights, they are free for anyone to use. however the courts might get involved if someone gets too pissy.
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#13
Here comes the spanner in the works,

No-one owns them,
without a copyright neither of you can claim legal ownership,
and as such if you were to use his riffs, all he could do was complain,
it's the same as the rest of the Megadeth v Metallica posts,
Mustaine wrote the songs, James and Kirk copyrighted (copywrote?) them,
Thus James and Kirk own them.

I know this because the last band I left continued using my songs after I left, however in the credits of the EP it had me listed as writer (for my tracks). I was a gentleman, called them and told them they either stop using the songs or re-print the booklet, not because I didn't want them to use them, but the management company called me about it.

tl;dr:
No copyright/Not a big band = No problem, use the songs
#14
did he copywright them?

of not then he cant prove he wrote them
now extra flamey
#15
You guys can both play them.

If he gets a new band, he can play the songs with his new band. If you guys get a new guitarist, you can continue to play the songs.
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#16
no one has copywrited them he has left then was about to rejoin the band but was like 'why have you been using my songs?' so i said while you sat back for 2 years and made us do all the work we have made your RIFFS into songs.
#17
I don't know about the US but in the uk copyright exists as song as the song does, you don't need to file for it.
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#21
They are owned by both of you. He can perform the songs and so can you, because they were co-written. If you were to release an album, the writers credit would go down as You/Him and the royalties would be split.

It's not hard...
#22
Quote by triggerhappy19
would you be happy if you quit a band and they kept using your riffs?

I agree, but it's a question of who, "technically" owns them, which is no one, because the songs are not copyrighted. What were the circumstances of his departure?
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#23
If he has proof that they're his, (like, if he can prove he was the first one to write them), they're legally his. Unless they've been copy-written under the band's name, or someone elses.

If no copyrights have been made, whoever has proof of having them first is the legal owner.

However, I doubt that you guys are going to court over it, to be honest, IMO I'd say it's the band's will to use it.

Edit- To the guy two posts above me, the songs are co-written, and can be played by both of you, yes. But if he were to have copyrights on his riffs, then they would have to be taken out of the songs (unless you have permission).

Overall, I say just keep using them. Unless he can prove they're his, they're free for the taking.
#24
the songs belong to whoever wrote the most in that song
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#25
Quote by caught22
I agree, but it's a question of who, "technically" owns them, which is no one, because the songs are not copyrighted. What were the circumstances of his departure?

Your band. He wrote them for the band, not for his own material.
#26
Quote by Shredder XXX
Here comes the spanner in the works,

No-one owns them,
without a copyright neither of you can claim legal ownership,
and as such if you were to use his riffs, all he could do was complain,
it's the same as the rest of the Megadeth v Metallica posts,
Mustaine wrote the songs, James and Kirk copyrighted (copywrote?) them,
Thus James and Kirk own them.

I know this because the last band I left continued using my songs after I left, however in the credits of the EP it had me listed as writer (for my tracks). I was a gentleman, called them and told them they either stop using the songs or re-print the booklet, not because I didn't want them to use them, but the management company called me about it.

tl;dr:
No copyright/Not a big band = No problem, use the songs


+1
#27
No one owns them. It's more of a moral issue you have here.
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#28
Quote by triggerhappy19
would you be happy if you quit a band and they kept using your riffs?


thats like saying to a drummer..would you be happy if your old band still use your drumbeats. its the bands property as well as the owners and if he wants a fight about it ill kick is ****in ass
#29
Quote by skagitup
They are owned by both of you. He can perform the songs and so can you, because they were co-written. If you were to release an album, the writers credit would go down as You/Him and the royalties would be split.

It's not hard...

This seems logical, I agree with this man.
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#31
Also, given that you're in the US, even if he copyrights the songs (he can't copyright riffs, only songs) then you're still fine. See, there's something called a compulsory license that he is obliged to issue to anyone that asks for it. That license allows you to cover the works that he has the rights to. That's how people cover songs in the real world.

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