#1
My band is about to enter the studio and our guitar player just quit. I'm wondering what the legal implications of this are. He helped contribute to the song writing process but didn't ever come in with a full song idea. The songs took form through a process of discussion and collaboration and refinement with no one member being the leader. We've done no professional recordings with him before. He's make noise about us not using his "progressions" and "riffs", so, we've brought in a new guitar player to fill out the parts so we won't be trying to replicate his parts entirely. Is he entitled to anything that comes out of the band from here on out with these recordings, or, are we free to move on without him as if he was never in the band?

thanks! let me know if you need anymore info
#3
Well you could copyright them, just change up any parts he wrote with slight variations, after that there's nothing he can really do, don't think there's anything he really could to begin with. I think you should just get a UPC code and throw your EP at legal zoom if you want it copyrighted on the cheap.

Arguing you wrote something in small claims court with little to no proof sounds like a waste of everyone's time. He could be a prick and make copyright claims on stuff you upload online, but anyone who wants to be a dick can do that on youtube.
#4
If there is any evidential proof you are about to record something he wrote and that said recording gets any profit - that's where things could get hairy. My only advice is to always, ALWAYS, have documentation. Whatever you do in life. This isn't the days of taking a man for his word anymore.
*shrugs* I don't know...
#5
Depends on how much he contributed. Up to 25% of the written material would be enough to have his name on the song credits (which is technically entirely up to you if you want to include him on it) unless it's a full song that he wrote himself (or the majority of). He should receive royalties for that if he can legally prove he wrote it (for instance, if he has tab/sheet music of it or a demo recording sent to himself). Do not quote me on this as the rules are much more specific but this is what usually happens in my experience. This falls under the 'lyric copyright' segment of album copyright, which forms 50% of it.

It gets reeeally can-of-worms-y when it comes down to things like 'iconic vocal lines' and such, but that would usually come way after the release. It would depend entirely on how popular your EP becomes.

Because he's not recording with you, he does not get the 'recording copyright' part, which is the other 50%.

So to summarise, he can have a percent of a percent of the credit due on some of the songs he's written.

Again, I'm no expert on music business legal jargon mumbo jumbo but this is what ''usually'' happens.
o()o

Quote by JamSessionFreak
yes every night of my entire life i go to bed crying because i wasnt born american
#6
Never admit to using his riffs, argue that he couldn't write a riff anyway, and accuse him of stealing riffs from you guys.

Jurisprudence 101: Deny, discredit, make counter accusations.
Last edited by Rossenrot at Mar 9, 2016,
#7
Quote by Rossenrot at #33872040
Never admit to using his riffs, argue that he couldn't write a riff anyway, and accuse him of stealing riffs from you guys.

Jurisprudence 101: Deny, discredit, make counter accusations.



If it comes down to it, this. Does he seem like the kind of person who would make a fuss over this kind of thing?
#8
people that quit over how "riffs" and used and played.

get a life

I agree with the proving what riffs are his

karma will do the rest of the work
#9
I wouldn't worry about legal ramifications of using any "unauthorized" riffs unless you have signed legal documents which define the rights of band members.

Take that with a grain of salt, I'm not a lawyer.

For what it's worth your ex guitar player sounds like a complete tool. Probably not as good as he thinks he is either.