Remember that we left off with Jesse deciding to record his version of the musical
work as a reggae song over Walter's and Skyler's objections. Also, remember that
Skyler sold her ownership in the copyright to Gus.
Jesse releases his recording online without permission from Walter, Skyler or Gus.
Jesse’s recording becomes a viral hit and royalty payments from millions of streams
are generated.
Assignment Questions
A. Who owns the copyright to Jesse’s sound recording?
(3 points total)
Jesse owns the copyright to the sound recording because he and Skyler bought the
original song from Walter. Jesse’s reggae version of the song fits all of the
requirements (original, fixation, sound recording), therefore, he owns 100%
copyright to his sound recording.
B. Does Jesse get to keep any of the royalties even though Walter, Skyler
and Gus never permitted Jesse to release his recording?
(3 points total)
Yes, Jesse gets to keep his royalties because he has ownership in the recording. He
does not need permission from anyone else, even other copyright owners.
C. Does Walter get any of the royalties? If so, how much?
(2 point total)
Walter sold his song to Jesse and Skyler (now Gus), so he lost his copyright control
to them. However, he will still retain credit as an author of the song and will still
receive the songwriting portion of royalties.
D. Does Skyler get any of the royalties? If so, how much?
(2 point total)
No, Jesse and Skyler bought the work from Walter. Skyler sold her 50% copyright
ownership to Gus. Jesse owns 100% of the reggae sound recording, so Skyler nor
Gus would not be receiving royalties off that particular version.
