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Former Band Member Entitlement

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  • 26-03-2014 10:53pm
    #1
    moby1
    Registered Users Posts: 90 ✭✭


    Hi guys,

    I am looking for some info, preferably from an entertainment lawyer.

    I am in a band and last year we wrote and recorded an album. In the time since, our drummer has left the band and been replaced.

    Although the previous guy played on the album and helped with the writing/arranging, no specific person has a writing credit, ie. "All Songs Written by Band".

    We are on the verge of a possible record deal and I am looking to clarify what exactly the previous drummer is/isnt entitled to. Also what is the best way to proceed with the new drummer?

    There are many different types of royalties and my brain is on the verge of meltdown, i was hoping somebody could advise.

    Thanks in advance guys.


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    #2
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    If it looks like you're making it big, you'll need specialised legal advice.

    However, in the short term:

    1). Credit him on the album for his playing on the recorded tracks.

    2) Change "written/arranged by band" to "written and arranged by
      . After all, credit where credit is due. 3) Don't worry about it too much until you're making a fortune. [By the way, I anal. Sorry, that came out wrong: IANAL.]


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    #3
    234
    Registered Users Posts: 1,529 ✭✭✭234


    Grolschevik wrote: »
    If it looks like you're making it big, you'll need specialised legal advice.

    However, in the short term:

    1). Credit him on the album for his playing on the recorded tracks.

    2) Change "written/arranged by band" to "written and arranged by
      . After all, credit where credit is due. 3) Don't worry about it too much until you're making a fortune. [By the way, I anal. Sorry, that came out wrong: IANAL.]

    OP, definitely seek legal advice before you start crediting work to anybody. What is in the interests of fair-play may not align with your legal interests. You definitely need a lawyer.


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    #4
    Grolschevik
    Registered Users Posts: 3,472 ✭✭✭Grolschevik


    234 wrote: »
    OP, definitely seek legal advice before you start crediting work to anybody. What is in the interests of fair-play may not align with your legal interests. You definitely need a lawyer.

    While that is arguably valid with regard to writing/arranging credits (which are currently credited to no specific individuals), the fact that he played on the recordings should be acknowledged.


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    #5
    Wildlife Actor
    Registered Users Posts: 485 ✭✭Wildlife Actor


    +1 on those replies.... See Joyce v Morrissey and Marr for a lesson.


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    #6
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Similar thread.

    http://www.boards.ie/vbulletin/showthread.php?p=89564540


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    #7
    moby1
    Registered Users Posts: 90 ✭✭moby1


    Hi guys,

    just looking for some advice, hopefully somebody out there can help.

    Our drummer has recently left the band. We released an album while he was with the band. He had no part of the recording or writing process and the album was completed before he joined. During the time that he was in the band we signed a distribution deal with a foreign label. The contract has 5 signatures on it, including his. However the label owner has said that his contract is with the band as a single entity, rather than the individual members. The drummer is claiming that he is entitled to 20% of the royalties due from the label, even though as i said the album had been completed before he even joined. We had previously agreed that he would get 10% while he was in the band, just to make him feel a part of the band.

    I suppose that the question i am asking is, legally would he be entitled to a 20% cut as a result of signing the contract with us even though he had no part in the recording?

    I hope you guys can help,

    Thanks in advance.


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    #8
    athtrasna
    Closed Accounts Posts: 13,420 ✭✭✭✭athtrasna


    Legal advice is not permitted on here, it definitely sounds to me like you need to speak to a solicitor.


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    #9
    arthur daly
    Registered Users Posts: 477 ✭✭arthur daly


    I would imagine he would be entitled to it as he signed the contract unless it specifically states otherwise,a solicitor would be the best bet


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    #10
    godtabh
    Moderators, Science, Health & Environment Moderators Posts: 23,204 Mod ✭✭✭✭godtabh


    Wasnt this same thread post not so long ago?

    http://www.boards.ie/vbulletin/showthread.php?p=89648042


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    #11
    moby1
    Registered Users Posts: 90 ✭✭moby1


    Ok, thanks guys.

    Yeah godtabh, same band, different drummer, new set of problems!

    I'll speak to a solicitor, thanks for your help


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    #12
    Pat Mustard
    Registered Users Posts: 9,554 ✭✭✭Pat Mustard


    Mod:

    Threads merged.


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    #13
    moby1
    Registered Users Posts: 90 ✭✭moby1


    Thanks Pat, you can delete the thread if you wish, i am going to seek advice from a solicitor as recommended above.


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