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#122
Hello I haven't read everyone responses...cause that would take forever but I read the pinned post 1-6

I have a question I'm not sure was answered. Say you have a band Lets just call it sinister spleen. Sinister Spleen has a clear logo/image and art style as well as musical style. Sinister Spleen decided to record a 5 song Demo to give away as a promotion. A few weeks later Sinister Spleen agreed to start making Cd's to sell so long as they had a higher quality and the profits were split evenly. All but 1 song and 3 covers the guitarist of Sinister Spleen wrote. Sinister spleen all paid for the recording time, it was split evenly between the 3 members. After a disagreement Sinister Spleen Front man decides he wants to start his solo project and wants to quit the band. Now here's a conflict of interest, Sinister Spleen just spend a great deal of money on promotional items, teeshirts, Cds, and posters. For these reason Sinister Spleen wishes to keep the name and continue forward.

He agrees to let remaining members keep the name provided they not use any of the songs HE wrote.

He specifies he doesn't want any of his songs used in any way to promote sinister spleen or make any profit or monetary compensation.

Now in according to the sources I believe the remaining members of Sinister Spleen have the following options, they can PLAY the songs live, they can use the recordings so long as we do not Re-record any songs or change them in any way or take credit that we wrote them.

Also not worth mentioning but if the frontman said $%^# you Sinister spleen is done you cannot use the name, the remaining band members could tell him to bite a dick anyway right? As the front man never made any attempts to brand the name or trademark it so the question of band name was never an issue just a curtsy nod.

now the can'ts...

Sinister Spleen CANNOT sell said Cd's or make deals with the old songs(like commercials etc) and any sales accidentally/already made are to be compensated to the original song writer.

Does the original song writer just get 1/3 of the royalties, or is he entitled to every penny the song makes?

Also, is there a website with any pre-formatted contracts to make these things easier and legal so everyone knows the dos and donts?

ANNND One more, Say Sinister Spleens Bassist brought a recorder to some practices and recorded a few freestyle jams with the whole band. The Jams had no specific melody, went on for 8-10 minutes of just free styling and improving and contained ZERO lyrics. If Sinister Spleen used these jams for youtube videos are they in the clear as really no one but at the same time everyone in sinister spleen wrote them.

Thank-you just ran into a really awkward band breakup and the front man is kinda being a jerk about the whole thing.
#123
And part 2 Say Front man of Sinister Spleen started a solo project and used songs he wrote under Sinister Spleen to gig, only he called it Chad Barnicles solo wave project farce. We live in the same city so there is definitely going to be a conflict of interest if Sinister Spleen uses the songs they no longer have rights to make money from.
#124
I know this is an old post - been away for a while - but the answer may be useful for someone else in the future.

There are many layers here. I'll answer in-line.

Quote by Shimmishiva
Hello I haven't read everyone responses...cause that would take forever but I read the pinned post 1-6

I have a question I'm not sure was answered. Say you have a band Lets just call it sinister spleen. Sinister Spleen has a clear logo/image and art style as well as musical style. Sinister Spleen decided to record a 5 song Demo to give away as a promotion. A few weeks later Sinister Spleen agreed to start making Cd's to sell so long as they had a higher quality and the profits were split evenly. All but 1 song and 3 covers the guitarist of Sinister Spleen wrote. Sinister spleen all paid for the recording time, it was split evenly between the 3 members. After a disagreement Sinister Spleen Front man decides he wants to start his solo project and wants to quit the band. Now here's a conflict of interest, Sinister Spleen just spend a great deal of money on promotional items, teeshirts, Cds, and posters. For these reason Sinister Spleen wishes to keep the name and continue forward.


OK... so to set the stage, we have:
- for the originals, the guitarist wrote one and the ex-singer wrote one. That means that the guitarist owns one and the ex-singer owns one.
- 3 covers - none of you own them, but who paid for the licence? Like, on the paperwork? Was it filed on behalf of the band, thus giving permission to the band? Or did an individual get permission to use the songs? If so, which individual? This matters.
- a master recording, paid for equally by all band members, therefore owned equally by all band members.
- a band - a business - comprised of three people. Unless otherwise agreed (in writing) that anyone was an employee, the assumption is an equal partnership. Thus, 2/3 of the business remains, and 1/3 of the business left.

Now, we get into the equalization part of when a 1/3 owner of your business leaves. He is entitled to 1/3 of the band's assets and responsible for 1/3 of the band's liabilities. In short, if the band is in debt, he has to pay you for his portion of the debt. If the band owns assets - monetary or material - you need to buy him out to a value that represents 1/3 of the band's total assets. That can look however you agree for it to look.

Has any of that happened?


He agrees to let remaining members keep the name provided they not use any of the songs HE wrote.

He specifies he doesn't want any of his songs used in any way to promote sinister spleen or make any profit or monetary compensation.


Well, 2/3 of you still owns the name. Unless he registered it under his own name already - without you - then you all own it equally. He is not doing you any favours in letting you use the name. It belongs to you already.

You can absolutely play those songs live. He has no jurisdiction over that. The venue you play at will have paid their performance rights licence, which will include everything from ABBA to ZZ Top.

He has already authorized the use of his songs for your EP on the first pressing. As long as the EP remains unchanged, the authorization is still implied, should you need to make more. Imagine if David Lee Roth all of a sudden said "no" to allowing Van Halen to make any more copies of the 1984 album. It's absurd.

However, he would be entitled to half of the proceeds of those CD's, seeing as he owns half of the original material (one of the two original songs), and assumedly, probably paid half of the licencing to use the cover songs, and assumedly again, half of the cost of duplicating, etc.

Alternately, as part of your separation agreement (you can almost look at it like a divorce....), he can take 1/3 of the remaining CD's and do with them what he pleases, leaving you with the other 2/3 to do with what you please. (this would be part of him being entitled to 1/3 of the band's assets)


Now in according to the sources I believe the remaining members of Sinister Spleen have the following options, they can PLAY the songs live, they can use the recordings so long as we do not Re-record any songs or change them in any way or take credit that we wrote them.

Also not worth mentioning but if the frontman said $%^# you Sinister spleen is done you cannot use the name, the remaining band members could tell him to bite a dick anyway right? As the front man never made any attempts to brand the name or trademark it so the question of band name was never an issue just a curtsy nod.


Exactly.


now the can'ts...

Sinister Spleen CANNOT sell said Cd's or make deals with the old songs(like commercials etc) and any sales accidentally/already made are to be compensated to the original song writer.


You can sell CD's. See above. Imagine if Van Halen was no longer allowed to sell any of their older CD's because David Lee Roth wanted to be a dick. It doesn't work that way. You can make deals for commercials and stuff for the song YOU wrote, but not for anything else anybody else wrote. That's up to them to do that.

Does the original song writer just get 1/3 of the royalties, or is he entitled to every penny the song makes?


See above.

Also, is there a website with any pre-formatted contracts to make these things easier and legal so everyone knows the dos and donts?


Not that I know of, but that's not to say "no"...

ANNND One more, Say Sinister Spleens Bassist brought a recorder to some practices and recorded a few freestyle jams with the whole band. The Jams had no specific melody, went on for 8-10 minutes of just free styling and improving and contained ZERO lyrics. If Sinister Spleen used these jams for youtube videos are they in the clear as really no one but at the same time everyone in sinister spleen wrote them.


If there is no specific melody and no lyrics, then there really aren't any songs. There's nothing to copyright. However, it does ask the question, "so why would you use them?" then. Trust me, nobody cares to see three people in a room having an open freestyle jam with no distinctive melodic content or lyrics.

Your ex-singer may have a case, though, in not allowing you to use his image in the video. You might have to blur him out. Is it worth the bother? Probably not.

CT
Could I get some more talent in the monitors, please?

I know it sounds crazy, but try to learn to inhale your voice. www.thebelcantotechnique.com

Chris is the king of relating music things to other objects in real life.