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