legal dilemma. I own the trademark to a band name and a fellow band member owns a recording master?

Question by collin stevens: legal dilemma. I own the trademark to a band name and a fellow band member owns a recording master?
I wrote the CD title cut and co-produced the CD, but another band member owns master license on recording and all songs on CD. What recourse do I have for a share now that a motion picture would like to use the song?? I also own the trademark on the name of the band within my home state, and the band member who owns the Master sent me an email when we were dealing with the studio that expressly stated that he was giving me 50% share of the Master to be used. Can I use this email as proof of contract? Do I have any recourse?
There was no paperwork signed. It was all in good faith. I was under the impression that unless something was signed it was equal rights to all involved in the writing and producing. Is that correct?

Best answer:

Answer by ron_mexico
What does your band agreement say? The band agreement will control in these issues, so you will need to go over the document with your attorney.

Edit: That is usually correct with respect to copyright. See the link below for a good summary of joint authorship in copyright.
http://www.publaw.com/joint.html

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