By: Erin M. Jacobson, Esq.
Seriously. Call me. I regularly work with legacy artists/songwriters/composers, heirs, and estates to protect and revitalize their catalogues. I assess what they own, what the current state of the catalogue is, and the various options for the catalogue to increase income while protecting the legacy of the creator and the works.
Assess What is There.
Decisions involving how to move forward with a catalogue can’t be made if one doesn’t know what (s)he has to work with. The first step is to know what compositions are in the catalogue, what agreements are in place, and who is collecting the income.
If the details are fuzzy, don’t worry. Most heirs and estates do not have previous experience with music catalogues and start with a vague idea. It’s my job to assist in making those fuzzy details become clear so that my clients know what they have, what options are available, and implement a plan to move forward.
Clean It Up.
Not only are the details of most inherited catalogues fuzzy, but the money is too. Most older catalogues have a lot of mistakes in the maintenance and management of the catalogue which prevents the catalogue from reaching its earning potential. I’ve worked on catalogues with 50-year old mistakes not corrected by the current owner, problems with chain of title, improperly handled derivative works, and more. I fix the problems and get income flowing again.
Copyright law provides a valuable gift to authors and heirs, which is the right to recapture ownership of copyrights. That’s right — authors and their heirs can reclaim ownership and control over their rights and how they are exploited. However, this gift comes with strict requirements as to when and how rights can be recaptured. (See articles with more information hereand here.) An attorney with extensive experience in copyright terminations is essential here, because there is only one chance to recapture rights – and that chance is lost if deadlines are missed or the procedure isn’t followed correctly.
Decide a Plan of Action.
I frequently see legacy artists and songwriters, and their heirs, who have been misguided in the management of their catalogues, who have lost rights to recapture, who don’t realize their catalogues are under-earning, and who don’t know where to start. The right advisors are tantamount to a successful recapture process and future for the catalogue. Each catalogue is unique and each client has different goals for the catalogue, its income, and the preservation of its legacy. Some options include negotiating a new deal for the catalogue, selling the catalogue, or self-publishing the catalogue. I work specifically to achieve what is best for each catalogue and each owner of that catalogue, and the results most often include clarity of mind and increased income for beneficiaries of the catalogue.*
There is only one chance to reclaim ownership of a catalogue and revitalize it – and the catalogue deserves it.
Please contact me to assist you in taking care of your legacy catalogue.
* Information stated is based on past experiences. Results are not guaranteed.
Hello Ms. Jacobson – I appreciate your articles and outreach. I hope you could indulge me with a simple (I hope it is simple) question:
I had a songwriter/performer friend who died unexpectedly about 15 years ago. He never had a publisher. His wife also died about a year later, and he is survived by a daughter, sister, and brother. I am fairly certain there was no will. Is the daughter the legal heiress to his works.
Thanks for any help – appreciated.
Please contact us through our website to book a consultation for your matter, as it requires legal advice.