Jay Maynes/Juan Oskar
Member
This is why I will be calling the song "Senor Baja". Everyone here at the Corner will know what I'm talking about and that is what counts to me. Lawyers make me nervous.
Question: I am releasing a CD in the next few weeks. I want to title an original instrumental piece using the last name of a deceased musician that I have always highly respected. Do I need permission from the family? Sincerely, Jay
Lawyer Answer: That's a difficult question to answer without knowing more information. Perhaps the most important piece of information is where this musician was living at the time of his death. It may be that any relevant rights were extinguished when he died. On the other hand, some states (notably, CA) provide for a post-mortem right of publicity. The fact that your song is an instrumental works against you since you can't contend that the song is "about" the person. If you are releasing your CD through a record company, the record company attorneys should address the issue. If you're self-releasing, better to pay a few hundred bucks for an opinion from an attorney than to roll the dice and risk being sued for a bundle.
Question: I am releasing a CD in the next few weeks. I want to title an original instrumental piece using the last name of a deceased musician that I have always highly respected. Do I need permission from the family? Sincerely, Jay
Lawyer Answer: That's a difficult question to answer without knowing more information. Perhaps the most important piece of information is where this musician was living at the time of his death. It may be that any relevant rights were extinguished when he died. On the other hand, some states (notably, CA) provide for a post-mortem right of publicity. The fact that your song is an instrumental works against you since you can't contend that the song is "about" the person. If you are releasing your CD through a record company, the record company attorneys should address the issue. If you're self-releasing, better to pay a few hundred bucks for an opinion from an attorney than to roll the dice and risk being sued for a bundle.
