Rock bands and record deals
Discussion
Hi folks
Asking for a friend of course.
All professional and semi-professional legal opinions welcomed.
My friend has played in a rock band for many years, a band that has recorded and produced an album with their own monies (including a lot of my friend's monies which he was recently given back), and the band signed a sub-publishing record deal to a record label last year - which effectively means that the record label has started making and selling copies of the album, with the band's permission as per the contract, giving the band a couple of quid for each unit sold.
My question is, if a band member was subsequently asked to leave the band (for refusing to rehearse because the rest of the band wouldn't adhere to COVID social distancing measures, facemasks, and LFT COVID tests etc), because as it turned out the others in the band weren't particularly nice people, would that band member have any chance of getting their share of the monies from the record deal? No % shares were ever agreed, but the contract was signed on behalf of the band by the band member who will ultimately be in receipt of all the monies. In parallel with the record deal, the band have been allowed to sell their own versions of the album so there’s no doubting as to who has contributed to the album in terms of credits and musicians,
No contracts have been signed within the band. So I guess that’s the stumbling block
Before my friend seeks proper legal advice, it's probably worth mentioning that the monetary value / loss of this would only be a grand or two for my friend, so probably not worth getting out of bed for but it's more the principle that my friend is concerned about.
Thanks for any useful advice.
Asking for a friend of course.
All professional and semi-professional legal opinions welcomed.
My friend has played in a rock band for many years, a band that has recorded and produced an album with their own monies (including a lot of my friend's monies which he was recently given back), and the band signed a sub-publishing record deal to a record label last year - which effectively means that the record label has started making and selling copies of the album, with the band's permission as per the contract, giving the band a couple of quid for each unit sold.
My question is, if a band member was subsequently asked to leave the band (for refusing to rehearse because the rest of the band wouldn't adhere to COVID social distancing measures, facemasks, and LFT COVID tests etc), because as it turned out the others in the band weren't particularly nice people, would that band member have any chance of getting their share of the monies from the record deal? No % shares were ever agreed, but the contract was signed on behalf of the band by the band member who will ultimately be in receipt of all the monies. In parallel with the record deal, the band have been allowed to sell their own versions of the album so there’s no doubting as to who has contributed to the album in terms of credits and musicians,
No contracts have been signed within the band. So I guess that’s the stumbling block
Before my friend seeks proper legal advice, it's probably worth mentioning that the monetary value / loss of this would only be a grand or two for my friend, so probably not worth getting out of bed for but it's more the principle that my friend is concerned about.
Thanks for any useful advice.
trickywoo said:
As you say it will ultimately come down to what the contracts say or don’t say for that matter.
As the contracts will have to be read and commented on I think any legal advice worth relying on will be in excess of the £1k or probably even £2k you may get from it.
Thanks, I have a number of lawyers who will be happy to chip in but I don't have a copy of the contract. The label is based in the EU. I do however have a few screen shots of the contract but do not have it in it's entirity. It's more about the principle.As the contracts will have to be read and commented on I think any legal advice worth relying on will be in excess of the £1k or probably even £2k you may get from it.
Collectingbrass said:
It's only a couple of grand now, but if a track gets picked up by a film, advert or game what could it be then? Slim odds I know, but such is the stuff of nightmares, I'd sort it now if you can.
I am told that these royalties are already dealt with via PRS (with 10 / 12.5% of f*ck all being f*ck all however).The chap in the band who signed the contract isn't picking up the phone to me.
Although the PRS royalties are at this stage all going to him unless I register and pay ~£100 a year to get my ~10 / 12 % (of next to nothing).
IJWS15 said:
Who signed the deal?
One of the band on behalf of all of them or did they all sign it individually?
Where does the copyright rest - i.e. who wrote the songs?
Signed by one member on behalf of the band, however there is sufficient evidence that clearly shows that I (I mean, my friend) was in the band at the time..... And had been for several years prior to it being signed. The contract is in the name of the band.One of the band on behalf of all of them or did they all sign it individually?
Where does the copyright rest - i.e. who wrote the songs?
Taita said:
What's stopping him starting rehearsing again now?
Or are they very 'rules' focused?
I got kicked out the band for refusing to rehearse because the rest of the band would not partake in the free LFT tests available from the .gov website, and to be honest these are a bunch of very selfish individuals.Or are they very 'rules' focused?
The lead singer (who has a great voice) told me that she wasn't going to do the tests because she'd already had COVID and had passed it to her family but they'd all been ok so therefore it wasn't an issue for her........
I am rules focussed. Because I don't want COVID.
voxcont said:
Taita said:
What's stopping him starting rehearsing again now?
Or are they very 'rules' focused?
I got kicked out the band for refusing to rehearse because the rest of the band would not partake in the free LFT tests available from the .gov website, and to be honest these are a bunch of very selfish individuals.Or are they very 'rules' focused?
The lead singer (who has a great voice) told me that she wasn't going to do the tests because she'd already had COVID and had passed it to her family but they'd all been ok so therefore it wasn't an issue for her........
I am rules focussed. Because I don't want COVID.
voxcont said:
My question is, if a band member was subsequently asked to leave the band, would that band member have any chance of getting their share of the monies from the record deal?
In reality from what you have said, no.You haven't got a copy of the contract to know if it helps you.
The money isn't going to you from the record company.
You got booted out of a band of not very nice people.
The quantum isn't worth spending money to take any legal action.
I've always thought, that band members should form a LTD company with everyone having equal shares.
Then each director agrees that all copywrite belongs to the LTD company.
Then If a member of the band is asked to leave, the Rest of the band have to agree a future commercial relationship on the copyright of previous material.
Daughters ex boyfriend was in the a band, which was on the cusp, until the lead singer attempted to top himself. It broke up the band. Prior to that when I asked about the commercial relationship, it seemed very unprofessional.
Then each director agrees that all copywrite belongs to the LTD company.
Then If a member of the band is asked to leave, the Rest of the band have to agree a future commercial relationship on the copyright of previous material.
Daughters ex boyfriend was in the a band, which was on the cusp, until the lead singer attempted to top himself. It broke up the band. Prior to that when I asked about the commercial relationship, it seemed very unprofessional.
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