Legality of Releasing this track?
Question by Ryan J: Legality of Releasing this track?
My band got hired by WWE to record a song for them. They gave us a version that the producer made and we had to use the same lyrics. Besides that all of the music was our own. However, despite getting paid for our rendition, WWE changed their minds last minute and used another version.
The question is: Are we legally allowed to release our version for non-profit?
Here is the portion of the contract we signed in regards to the song:
“The undersigned hereby acknowledges that the Material was specifically ordered or commissioned by WWE for use in connection with the Project; that the Material constitutes and shall constitute a work-made-for-hire as defined in the United States Copyright Act of 1976; that WWE is and shall be the author of said work-made-for-hire and the owner of all rights in and to the Material throughout the universe, in perpetuity and in all languages, for all now known or hereafter existing uses, media and forms, including, without limitation, the copyrights therein and thereto throughout the universe for the initial term and any and all extensions and renewals thereof; and that WWE shall have the right to make such changes therein and such uses thereof as it may deem necessary or desirable. To the extent that the Material is not recognized as a work-made-for-hire, the undersigned hereby assigns, transfers and conveys to WWE, without reservation, all of the undersigned’s right, title and interest throughout the universe in perpetuity in the Material, including, without limitation, all rights of copyright and copyright renewal in said Material or any part thereof.”
Thanks
P.S.
Before anyone tries to suggest it, we did try contracting WWE to see what the legalities are.. they will not answer our emails. We are contacting them by phone tomorrow but we are still looking for others insight.
I am asking about a -free release- aka not at shows, not on iTunes — just on our website/myspace and giving it to our fans via download link on the site. nothing about playing live. i get that can get us sued.
Best answer:
Answer by ClarkL
ITS PRETTY STRAIGHT FORWARD .you sold the material to them. Its theirs in any form.They have both versions. You gave them the rights to do any thing they see fit to do with the material.Its there’s.
Legally. If you preform this in any venue. they can sue.I have been a working musician for thirty years. did the same thing. it was stupid. should have hired a lawyer. to negotiate the deal.In reality
If you choose to preform this material.Nothing is stopping you. Just don’t lay any claim to it in public.It will do you no good to talk to them . You signed the deal. its all in black and white.Read the contract for what it is .You sold this material to them to do as they see fit.Its not yours.But you can play it.
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