Record label released CD without signing contract
Okay so I am a professional photographer and for a band o know I took photos of them live 4
Times and never charged. I was asked to
make and design a cd jacket for their new album and after a lot of work I did using my ideas, my des ign my photos all for free. It came to the contract and their label "disc union" wanted so much that I just agreed to as the has sle was
crazy and I gave the contract for the band and the label to sign and it was a gift to be fair. Anyway the label has released the album and they refuse to sign I got told by the band yesterday whi ch I cannot believe they did. Where do I
stand?? I can show contract if you need.
The general rule is that a written contract needs to be executed. However, depending on the course of the transaction, it may be possible to argue that the other party implicitly accepted the terms set out in the contract.
As a first step, I recommend bringing the contract with you and consulting with a law firm about the specific circumstances of your case.
I did write to a few lawyers and no reply which is annoying. Hence coming on
Here.
Under Japanese law, a contract generally does not require signatures and may arise from emails or conduct. Releasing the album after receiving the draft may support acceptance, but does not prove acceptance of every clause, especially if signing was intended as a condition.
You would normally own copyright in your original photos and jacket design unless transferred. Working for free does not itself transfer copyright. However, because you created and delivered the work for this album and call it a gift, the band and label may argue that you granted an implied, royalty-free licence for the release. Refusal to sign therefore does not automatically establish infringement.
You generally cannot force them to sign a new agreement. Preserve the draft, messages, raw files and released album. You should consult a lawyer experienced in copyright law, who can review whether terms were agreed, whether use was conditional on signature, and whether the label's use exceeded the permission given.
I see. It’s very strange for me that they can release a cd with my art work design etc without signing. Well I learned a
Lesson that’s for sure! Thank you for
Your answer. It’s very appreciated
