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Thread: music law, anyone?

  1. #1

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    Default music law, anyone?

    Lets say you record a disc with a band and then a year or so later leave the band. The guy that started the band gets a contract and signs with a European lable for distribution and promotion throughout Europe and UK without a band. Then afterwards finds new players.

    Should the old band members get a cut from any sales? I hate to think it but it sounds like the old members would be SOL. Is this more about feeling morally damaged than anything the law or a lawyer could do?

    hope that makes sense
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  2. #2

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    now are they creating a new CD using those old songs or are they actually distributing and selling the CD that was originally created?

    I'm pretty sure still SOL but that's a big factor.

  3. #3

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    You got song writing credits?
    Anybody that has those credits gets a cut anytime the music is played or sold.
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  4. #4

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    Unless there's documentation, one would be SOL i suspect...

  5. #5

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    Probably a good ideal to get a copyright on your songs. One cool thing is you can send a bunch of songs at one time rather than sending one song at a time..cheaper that way. But if you had a copyright and somebody tries to cut you out of any money made off of those songs they might regret the day that they tried that crap. I believe it's only like 35 dollars a song or songs submitted at one time. and that price is like the application fee. But I'm not certain about that.

    When I read the Thread title I was thinking Anthrax's "I am the law". the Judge Dredd song. lol
    Last edited by wired; 12-01-2015 at 11:44 AM.

  6. #6

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  7. #7

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    Every time I record I'm asked to sign a release form before I get payed . What that means is that I agree to accept a one time payment , the payment agreed to before hand , and basically give the artist all rights to use the song/recording any way he sees fit without me going after him for more money in the future . Everyone on the date has to sign one . If you did not sign one of these his new label will not release any of the old recordings ... it's a big liability issue for them ! If you wrote/co-wrote some of the material and did not get a copy right you are S.O.L. . You can take him to court if he uses any of the material but we're talking lots of money to do so .

    This goes for EVERYBODY reading this . If you are asked to record or be part of a band that is recording GET THE PAPERWORK DONE .

    Rudy .

  8. #8

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    Default Re: music law, anyone?

    Thank you for the replies everybody. It appears that the disc will be re released overseas for the first time with this label but it will still be the original lineup on the disc. Now the person that wrote the lyrics and I'd say 70% of the music copy wrote them on his own without any input from us (i.e.) signing anything or even discussing it. It was done pretty much behind our backs.

    So does that pretty much mean the original members are SOL? I mean I hate to ask the obvious because it seems like I know the answer. The other thing is our picture is on the back of the disc and a collage of our pics inside the cd. He shouldn't be able to use our pictures no?

    It just seems like a slimy way to reap all the rewards if it was to even go that far. I guess when it comes down to dollars and cents people forget morality and will do whatever they can to get it. Seems like a slime ball way to go thru life.
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  9. #9

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    I'm not a lawyer, but, I did stay at a Holiday Inn last night (not really, I wouldn't be caught dead in a Holiday Inn) and here is my take.

    Unless there was some sort of contract between the parties prior to the recording and subsequent break up or the material was copyrighted, the original members are SOL.

  10. #10

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    thanks ITTP, I think I asked the obvious. The pics is an easy fix. If new copies are pressed they can just use a new pic for the back and do something new for the inside.
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  11. #11

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    I don't think your pictures can be used. See the recent case where college football team members refused the use of their photos on college souvenirs, I think, where the college would make money from their sales. You cannot take a photo of somebody without a release and use that on a sales item.
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  12. #12

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    thanks Slinglander, I hate to sound petty but what's fair is fair. He's already using one of our videos as a promotion. There's more to this than I think acceptable to spill out over a social network and I'm not going to go there. It's just a slimy way to be treated by someone you worked with. I don't even want to think about this much more because it's been in my head all day but i do like the feedback from you all. Thanks
    RDM/Damage Poets
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