Weird intellectual property question

terrence45

If say, a musician went bankrupt, and after discharge a song they wrote decades ago (but never performed) became a commercial success, could the proceeds be claimed by the OR?

silvercar

My initial thought was that the actual sales were post bankruptcy so not touchable.

Now I'm thinking that rights to songs are bought and sold eg by record labels and so the original artist may not make anything. If this is the case then the rights to profit from the songs may be an asset that the OR should take at the point of bankruptcy.

Good Question OP

Minkym00

Any copyrights already in existence form part of the bankruptcy estate. This means that any income arising under the copyright vests in the estate and can be claimed in full. Also the future income from copyrights may be claimed as after acquired property.

terrence45

Thanks for your replies. To be clear, the song was written prior to bankruptcy, but never performed and only existed in the person's head.

Therefore, after bankruptcy & discharge, is there a difference between that person saying "Here's a song I wrote as a child..." and "Here's a song I just wrote..." (assuming it then becomes a hit and makes money).

Further question - If the OR has the rights, and if the song makes millions, could the OR keep all the cash even above the cost of the whole bankruptcy?

silvercar

Therefore, after bankruptcy & discharge, is there a difference between that person saying "Here's a song I wrote as a child..." and "Here's a song I just wrote..." (assuming it then becomes a hit and makes money).

I would say the decision to sell it was made post bankruptcy, before that it wasn't in existence, literally just a figment of your imagination.

Further question - If the OR has the rights, and if the song makes millions, could the OR keep all the cash even above the cost of the whole bankruptcy?

they can only take enough to clear the debts plus their own charges.