Legal Question in Entertainment Law in New York

Band Members

WE have a band that is on a management and production contract. Two of the members are no longer in the band. As of right now the producer/management owns everything as we haven't paid for the album yet the 2 guys are on the album. If we replace them with 2 new guys do we still have to pay them royalties?.Keeping in mind that around 700 cd's will be sold to prepare for a major label.After that the cd will be re-recorded with different people.


Asked on 12/19/06, 6:10 pm

2 Answers from Attorneys

Stephen Loeb Law Office of Stephen R. Loeb

Re: Band Members

The presumption is that if the band members contributed to the produced material they would have a right to share in royalties.

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Answered on 12/20/06, 1:21 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Band Members

Your question is loaded with issues that should probably be answered in a consultation with an attorney. Among them are:

1.Is the management agreement truly silent in dealing with this matter?

2.Was there an understanding among members on how royalties would be split?

3. Were the departing members involved in writing any recorded songs?

4.How changed will the band be in style and sound such that a future label would still go forward and do a deal with a band which has lost 2 members?

5. How valid a claim would the departing members have that a future label deal was in part because of their participation in the 700 unit release?

6. Why won't your manager step in and resolve this?

It's probable that there are other issues but I'd guess, in the absence of any evidence to the contrary, that the departed members would be compensated for their album work but not on a future release.

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Answered on 12/19/06, 6:33 pm


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