Legal Question in Entertainment Law in California
My ex-husband is a member of a successful music band. In our divorce settlement, I am entitled to 50% of the song royalties. The bands management had been handling the disbursement of the royalties for a commission (no contract in place for commissions). I recently exercised the option to receive my portion of the royalties directly from the music publisher. The bands management still wants me to pay them a commission. I�ve asked them to provide me with the contract or document that describes the commission payout�they say it does not exist. Legally, do I have to pay them a commission with no contract?
2 Answers from Attorneys
Hello,
To answer this question, I'd like to review your divorce decree and the document(s) evidencing your exercise of the option to receive royalties form the music publisher. Moreover, I would also request that the band's management set forth in writing the basis of the commission payout. In my opinion, without reviewing those documents, no attorney could provide a solid legal opinion re whether your portion of the royalties are subject to an oral commission agreement. tma
I would need to review all documents including the Marital Settlement Agreement. Contact me directly.
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