Gearslutz.com - View Single Post - Replaced Drummer while mixing live album...can/should they still release?

meteor · 20th January 2007

If there are no pre-existing contracts, and there is no record deal with that drummers name on it... and that drummer is not credited as a song-writer... that drummer would have very little legal recourse. It basicly comes down to buying him out of any collective investments that have been made by the members. If they are paying for the recording with gig money and he was not hired and payed for those shows/tours they may be liable to pay back his share (1/8th if there is no other contract) of that fund. They are not liable for any gig money that went back into the band as operating costs. They may be liable to pay back a depreciated share of any equipment that was purchased from a collective fund. (for example, they bought a small sound system with band money. If there is no other written agreement, they owe him 1/8th of whatever that system would sell for in the used market)

Barring other contracts, if no money has been made (a recording fund would be considered "made" money) and the members are participating at their own risk, that drummer has no recourse as his investment of time was based purely on speculation. These guys should just figure out the ex-drummers share of the assets, if any, and offer him a low-ball cash settlement (maybe with a payment plan) in exchange for a release waiver. It would hurt a little bit but it would be clean.

If he's considered one of the writer of the songs... it's a whole other deal that they don't have to worry about right now unless he is responsible for more than 50% of any 1 track... they can work that out when they have almost sold enough records to make his writers share worth the cost of a lawsuit - in which case they would just pay the going rate for his share. They should know that they are a long ways away from that particular little bump in the road...

.02 proceed at your own rise... I wash my hands... etc. cheers.

p.s. the bands internal issues should not at all affect your payment for the project. kick them in the duff and make them deal with it like men. honestly, aggressively, and with integrity.

20th January 2007	#8
meteor Lives for gear Join Date: Sep 2003 Location: The Lone Star Posts: 554	If there are no pre-existing contracts, and there is no record deal with that drummers name on it... and that drummer is not credited as a song-writer... that drummer would have very little legal recourse. It basicly comes down to buying him out of any collective investments that have been made by the members. If they are paying for the recording with gig money and he was not hired and payed for those shows/tours they may be liable to pay back his share (1/8th if there is no other contract) of that fund. They are not liable for any gig money that went back into the band as operating costs. They may be liable to pay back a depreciated share of any equipment that was purchased from a collective fund. (for example, they bought a small sound system with band money. If there is no other written agreement, they owe him 1/8th of whatever that system would sell for in the used market) Barring other contracts, if no money has been made (a recording fund would be considered "made" money) and the members are participating at their own risk, that drummer has no recourse as his investment of time was based purely on speculation. These guys should just figure out the ex-drummers share of the assets, if any, and offer him a low-ball cash settlement (maybe with a payment plan) in exchange for a release waiver. It would hurt a little bit but it would be clean. If he's considered one of the writer of the songs... it's a whole other deal that they don't have to worry about right now unless he is responsible for more than 50% of any 1 track... they can work that out when they have almost sold enough records to make his writers share worth the cost of a lawsuit - in which case they would just pay the going rate for his share. They should know that they are a long ways away from that particular little bump in the road... .02 proceed at your own rise... I wash my hands... etc. cheers. p.s. the bands internal issues should not at all affect your payment for the project. kick them in the duff and make them deal with it like men. honestly, aggressively, and with integrity. __________________ "Hope doesn't float. It sinks to the bottom... You need more than hope. You have to believe."