Copyrights during band break up

I got kicked from a band. They’re still playing songs I made and using a logo I
also made. Do they have rights to do this or not, if I haven’t given them no
rights on my songs and graphic?

Asked on May 2, 2016 under Business Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you wrote the songs and/or designed the logo as a band member, then they most likely belong to the band: when someone who is part of an entity or organization, or employed by the entity or organization, creates original works of music, art, etc., those things are generally considered "works made for hire" and belong to the entity/organization or employer. 
If that was not the case, you should repost your question with additional information about when you created these works, when you joined the band, whether there were any agreements about these works (e.g. that you retained the rights; or conversely, that you were assigning the rights to the band), since those facts will be critical.


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