I Inherited Songs and Music Copyrights. What Do I Do Next?
If you’ve inherited music copyrights, songs, or sound recordings because your spouse, husband, wife, parent, or sibling died, and you are trying to figure out what you own and who potentially owes you royalties, here are some next steps you can take:
Inherited Music, Song, and Sound Recording Copyright Checklist for Heirs and Beneficiaries
Obtain a clear understanding of what rights you have inherited
Review the documents related to the inheritance of the copyrights, including any agreements, contracts, and licenses.
Make sure you are the beneficiary/heir of the copyrights or other assets
You will need to provide an attorney a copy of the death certificate, will, trust, and details on the person that died and information on their potential heirs so it can be determined who inherited the rights.
Hire an expert
Consider hiring a music industry expert, such as a music lawyer with an understanding of copyright law and estate planning, to assist you in navigating the process.
Run a search with the US Copyright Office
You can search the USCO records to determine what song or sound recording titles have already been registered.
Register the copyrights with the US Copyright Office and/or record a transfer of title if the works are already registered.
Track usage/existing licenses
Create a docket of all the licenses you are aware of and a docket of potentially any unlicensed uses. This helps you identify potential royalty streams and potential infringements.
Contact the estates department of the royalty collection societies
Determine if the decadent was a member of ASCAP, BMI, SESAC, GMR, The MLC and Sound Exchange. And check to see if the decadent had unclaimed royalties with the AFM SAG AFTRA IPRD Fund. Contact relevant royalty collection societies to ensure they are aware of your ownership and that you are receiving the appropriate royalties.
If you inherited sound recording copyrights
You should contact SoundExchange to determine if you are entitled to collect artist or sound recording digital public performance royalties.
This checklist can help you navigate the process of inheriting music copyrights and are the next steps to help you receive royalties you may be owed. If you have questions about a song or sound recording catalog you have inherited, you can contact Texas music lawyer Tamera Bennett and you are welcome to read this in-depth article co-written by attorney Tamera Bennett.
