[Fmpro] Retitling -- Fraud

[Josh Silver]

> You can call it whatever you want, but renaming an existing  
> composition for the purpose of redefining who owns the publishing on  
> the composition is a fraudulent act. You're just in collusion with  
> the publisher(s) of the re-titled composition(s), which means that  
> you've agreed to perpetrate the fraud together. You are lying to  
> potential licensees, calling an existing composition by another  
> title -- information they then put onto cue sheets, thereby  
> compounding the fraud (albeit unwittingly), this time to your PRO.
>


Gael,
Fraudulent to whom?
If all parties involved are aware of the situation then who is being  
deceived, where is this fraud happening?  Who will be claiming the  
fraud and seeking legal action?

I only deal with non-exclusive libraries and when these libraries sell  
licenses they clearly state that they are selling non-exclusive  
licenses to their clients.  Which clearly means the same songs that  
are being licensed can be licensed again to others again and/or by  
different companies.  So who would be taking whom to court for fraud?   
The production companies know that the same songs are circulating and  
being licensed to other parties, the composer is aware and of course  
the library is aware.  So where is the misrepresentation, somebody  
needs to be blatantly deceived in order for this to be fraud right?   
Who might this be and who will be suing whom?  If the production  
companies know that the music is out there being licensed by others do  
you really think they care what the titles are?  The PROs don't seem  
to mind either.

I've talked to my lawyer about this and my PRO and both have agreed  
that they don't see any problem in me pursuing libraries of these  
kinds, my lawyer simply advised me to make sure they are non-exclusive  
and that I have an option to terminate the contract after the term is  
up which of course this is a no brainer for me.

So with all due respect I'm still not seeing the downside or the  
"fraud" to the re-titling libraries, I see it as a new opportunity and  
a new option for composers to get their music circulating and still  
keep their copyright and control of their music.

josh