Just a quick question (hopefully academic)for all you legal eagles out there.

If a member of a band leaves or is pushed for any reason, is there a standard legal position on their future earnings from the sales of recordings on which they performed or is this down to the specifics of the record deal?

As they are no longer a member of the band which presumably signed a contract with the label before the release of the material can the band/label argue that they are no longer entitled to earn from these recordings or is there a statutory right or precedent that entitles them to continue a continued share from the sales of any recordings they performed on (as well as their performer's share of the PPL/PRC royalties obviously)?

Or is is a nasty grey area?

Can a band ever decide, for example, that they are only entitled to a reduced share?

As I say, this is (hopefully) entirely academic but I'm interested to know.

I don't think there's a standard legal position because (contracts notwithstanding) settlements have to be fair and cases differ, and from the cases I've read they should be able to claim that the record deal still applies to them... but...

It's possible they weren't named in the original deal, so they might have to take legal action to establish their claim.

And, the band could claim they are now promoting those albums without the departed member, so he isn't entitled to his full whack.

And again, the departed member might have a good case that he put the work in to make the band a success (rather than joining it when all the hard work was done).

Ideally, you'd want a leaver to come to a fair ongoing royalty settlement or perhaps a buy-out amicably... but if it went to court I doubt it would be cut and dried. Each side would put their reasons why they should get more, and a court would decide.

I'm not a lawyer... I've just read a lot of music biz court cases.

(You'd hope that members would leave between albums... but they often bust up in the studio, which just makes it more complicated!)

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Edited by Rob C. (22/08/07 11:02 AM)

I love the way you used the word "notwithstanding" when talking about contracts.

I didn't think it would be cut and dried at all.

That's why we are currently trying to address this in a band agreement now (while we are all nice, fair dudes) to avoid spending a fortune on lawyers later (when we are famous/hasbeen coke-fueled twangers).

It seems fair to us that we can agree that a band member who has left should continue to receive the lions share of their original cut for thoses performances, minus a small percentage for "active promotion" which could be passed on to whoever replaces them.

That seems fair in principle but deciding on a what percentage is a bit harder.

The partnership probably shouldn't get too complex... because of that fairness angle. People often claim what was fair when they were all mucking in, is no longer fair once Billy Ponce is a household name... and so on.

Bear in mind circumstances might well distort your intentions, unless you keep it up to date.

The current Marilyn Manson case is a hoot if you haven't seen it.

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Haven't seen the Manson, but remember the Smiths one when Morrissey and Marr had to pay out a million quid to either the drummer or the bassist (can't remember which) for their contribution to The Smiths' success. The one who didn't get a million had already settled for a lot less out of court.

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Gear List: reverse only.

I thought how the money gets split is down to the record deal that was signed with the individuals/ band through their partnership or company and nothing to do with what's in a band agreement?

I don't know how things are these days but record labels rarely used to sign a band... only the key man or key men. For example XTC was never signed... Andy Partridge was signed. Likewise The Smiths... Morrisey and Marr were signed.

But a band agreement would be the same thing as a partnership or company agreement. Even if the band company is signed (like Apple/Beatles) you still need that band agreement to define who owns what, who gets paid what, who does what, etc.

Incidentally, Mike Joyce (drummer) won the the Smiths' case. Another good example.

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Man...

A search for "Marilyn Manson court case" didn't narrow it down much.

Did anyone notice the lights dimming and the internet momentarily grinding to a halt.

I think that guy is funny and fascinating. I'd love to talk to him.

http://newsfeedresearcher.com/data/articles_e32/ide2007.08.06.02.02.37.htm l

A search on: Stephen Gregory Bier Madonna Wayne Gacy Marilyn Manson

...should narrow it down. It's the keyboard player who's doin' the suin'.

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www.bemuso.com