Music Career Talk #21

I took off last week for my birthday and thanks to all my readers who contacted me with H.B. greetings that was so cool. Now on to the business of the day. This blog is all about band agreements or contracts, a written meeting of the minds. Bands often form without an eye or ear to the future until a fight breaks out, someone leaves the band. In some cases there's no problem, other times there's a mess. Let’s start with equipment; amps, transportation, P.A. system, the band name and the list goes on. A band buys gear together because it's an expensive item and chipping in makes it possible. Now a member leaves, how do you handle that? I guess you can give that person their share of the money, based on what they paid at the time and not what the P.A. is worth now. How about the band Van (or truck or what ever) same deal as the P.A. A more difficult situation, lets say the band has (very wisely) hired me to produce their CD, and man that was expensive. Each member contributes towards a lavish recording (just kidding) and now a member has left. The recording is no longer really useful to that person other then a way to showcase their playing. What can be done to be fair to all parties, keep the peace, avoid a law suite (if any one can afford a lawyer) and move on with your life. Here's what should be done, a very simple band agreement covering the "what ifs" and "who gets what" just in case that band brotherhood shield of invincibility should crack like a Thanksgiving walnut (sorry about the sarcasm). I've heard the "dude that will never happen in this band" too many times!! Here are some points to cover in the agreement. Make reference to the band name so after a member has left the band can continue to use the name. Of course if that member has a trademark on the name you will need their permission to use it (get that in writing) or pick a new band name. If there is a recording, promotion campaign, website, vehicle, musical gear any expense that was acquired together there is a way to settle all disputes at the end of the rainbow. One thing to mention is whether that band member has quit or been fired which might affect the agreement. If the band writes songs together then that should have no affect on publishing splits. All of the above mentioned and more needs to be covered in a band agreement. A musical prenuptial if you like. Please don't try this at home on your own, get a lawyer to over see all. Most important: don't be a flake, try to stay TOGETHER. See ya.