Q: I assigned three of my songs in the early
1980s to a publisher that has since gone out of business and disappeared.
Does that mean that these songs revert back to me? Please explain a reversion
clause, and if I do not have one, but the publisher is out of business,
what happens?
A: Just because a publisher goes out of business, does NOT mean that your songs
revert back to you. Not unless such a clause was included in your original
contract, which it probably was not. However, most of the time if a publisher
goes out of business, he will sell his company and reassign his copyrights
to that company. You need to research and see if the songs have been
reassigned; if SO, there is a chance you might be able to talk the new holders
into reverting the songs back to you. There's a chance they will, if they
are not producing much income.
© 1999 Just Plain Folks.
(Editor's Note: When negotiating a publishing
contract it is always wise for a songwriter to obtain a reversion clause
whereby his or her material would be re-assigned to him or her in the
event that the composition was not successfully commercially exploited
within a reasonable (say, 18 months to two years) period of time. --
D. Zander)