New Album, ex - Band members vs. Rights PLEASE PLEASE HELP :)

M

Mike78

New member
Ho folks, I have spent hours on the web, and have a huge headache! I have made little progress. Very grateful if you could assist..

Band (non signed) has a new Album to go on sale...

Scenarios -

A song is written by 4 band members, they recorded song in rough. 4th Member quits band before studio, and new band member records ex band members parts, but also contributes new bits in addition. Song sells 3,000 copies, what are the rights to Royalties for ex band member and chap who recorded his parts & added his own bits?

A song is written by 4 band members, but Bill (a friend) offers free of charge to play the violin on this song for the studio recording. Band says thanks to Bob and buys him a beer for his troubles. 6 months later, the song becomes a hit. What are Bob's rights?

A song is written by 4 Band members, but member 4 leaves band before the studio, so new band member records the ex band members parts on the new CD. Does the ex member have any rights over sales, PRS, MCPS?

I have many more questions, but I don't want to push my luck!

Hoping you can help, as band is unsigned, but just had a small hit and concerned about rights for ex band members who wrote and recorded bits on the new album.

Thanks in advance.
 
Mike78 said:
Ho folks, I have spent hours on the web, and have a huge headache! I have made little progress. Very grateful if you could assist..

Band (non signed) has a new Album to go on sale...

Scenarios -

A song is written by 4 band members, they recorded song in rough. 4th Member quits band before studio, and new band member records ex band members parts, but also contributes new bits in addition. Song sells 3,000 copies, what are the rights to Royalties for ex band member and chap who recorded his parts & added his own bits?

A song is written by 4 band members, but Bill (a friend) offers free of charge to play the violin on this song for the studio recording. Band says thanks to Bob and buys him a beer for his troubles. 6 months later, the song becomes a hit. What are Bob's rights?

A song is written by 4 Band members, but member 4 leaves band before the studio, so new band member records the ex band members parts on the new CD. Does the ex member have any rights over sales, PRS, MCPS?

I have many more questions, but I don't want to push my luck!

Hoping you can help, as band is unsigned, but just had a small hit and concerned about rights for ex band members who wrote and recorded bits on the new album.

Thanks in advance.
Click to expand...

This is simple, in my eyes...
If the ex-band member leaves the band during the creation of a song and you guys use new material, as opposed to the material created by the ex-band member, the ex-band member has no rights. If yiou're using parts created by the ex-band member, and he can prove that he created the part that's being used, he has partial right to the particular song. However, he must be able to prove he created the parts used in the songs. Otherwise, the ex-member has no rights to claim in the song.

It's all about what ya'll can prove, not what was actually done. That's the way court systems work.
 
^^I would agree with ProducerJC in that it is all what you can prove. At this point without any contracts signed you can't prove how much this ex-band member had or did not have in the creative process of song making. Band members leave bands everyday and this is why you need contracts.

So say for example you get signed to a major label and this track sells 20 million copies you better believe this ex-band member would come out of the woodwork for his or her share. If you remember there was some lawsuits from the original member of Destiny's Child (can't remember her name at the moment) but it did get settled out of court and she did get paid. Not how much she was really involved in the music we may never know. Bottomline.....have it spelled out in a contract or you get what you get.
 
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both post above give you all the information you need,but for your new release or songs you and your band are about to write/sketch you need to do split sheets no matter how good of friends you are and keep ppl who aren't in the band out of the room while writing lyrics/music.
here's a video for you
and you can find contracts through an ad on my site just click on the banner in my sig.
not trying to take advantage of you but this is a option for you band sir to make sure things are done legally correct.


The Walking On Water Media/Ent. Business Coach Antonio
Research and Information Gathering Expert
 
Thanks for your comments. I'm not trying to stitch anyone up, and am happy to share royalties where an ex band member has contributed.
I guess it all boils down to sitting down with these individuals, and asking them what they want from it (%age) and contractually documenting an agreement. One thing for sure, no 'friends' will play on future songs, no 'friends' will be asked to solicit opinions on the songs......every dirty harry wants a slice when they smell money....
 
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