Is it illegal to record a live band ...

[murcatus]

I live in Canada and play in a band and have discovered member of our group has been tape recording our sessions without my knowledge. She has burned the recording to a cd and given it out. What are my legal rights as a member of the band?

Thanks,

murcatus

[Judge]

If it is your material it is automatically copyrighted. She cannot legally take that which does not belong to her. Canada is not yet a socialist society and what belongs to one still does not belong to everyone. You have a sound claim agaisnt her for theft or conversion or copyright violations. If she is a member of the band or an employee of the band you may have her on a contract or fiduciary breach, too. Good luck.

[murcatus]

I thought so, but wanted to be sure I am correct before I or "if" I pursue it. She is a member of our band, however we have no contracts in place, we are a band that volunteers our services. She also likes to burn copies of popular CD's or music from other bands. She burns these hands those out as well, however I do not think it is for profit.

Thanks for your reply.

Cathy.