Legal Question in Entertainment Law in California

no band agreement and break up

My son (20) has been in a band for three-four years. They have had label interest. He is the lead singer and writes all the melodies and lyrics, after they have put together the music.

After some severe disagreements about their unprofessional behavior (about the others' use of pot during practices and shows and putting drug references on the myspace) they fired him!

Am I correct in understanding that since they do not have an agreement, he can't be fired? Am I correct that they can all use the songs (non-exclusive) and are co-owners of them? How about their Myspace? They have a large network of fans (18,00 friends on myspace) Who owns the Myspace? Is it also owned by all band members? They have changed the password, taken all evidence of him off the site, erased all of the artwork he did for the myspace (he designed all the banners, background, etc.), sent out bulletins telling everyone he had been fired and posted instrumentals of their existing songs asking for singers to write lyrics and melodies to these songs (that they have already recorded with my sons lyrics) What are his rights?

Thanks you for any help you can give me.


Asked on 3/16/08, 12:34 am

1 Answer from Attorneys
Gordon Firemark Law Offices of Gordon P. Firemark

Re: no band agreement and break up

This is a complicated situation, and the answers require lots more information.

Your son will want to hire a lawyer to represent him in this matter. It's serious... especially if the band has a future.

As a collaborator and member of the group, he's a partner, and the group can't just "fire" him. They need to "dissolve" the partnership, and work out the financial terms of dissolution.

The other songwriters are co-owners of the songs, and can probably use them, but will have to pay your son a share of the revenues they generate.

I'd be glad to consult with your son. Have him give me a call.

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Answered on 3/17/08, 3:26 pm


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