Replaced Drummer while mixing live album...can/should they still release?

[over-man]

I recorded an 8 piece hip-hop band live a few months ago. They paid the first half up front, latter half due upon delivery of final master. I finished mixing the set, they came in for an initial mixdown, but now they replaced the drummer and aren't sure if they can/should release the live show.

I don't think it matters at all, the contract was already signed for the live recording and it doesn't seem like the old drummer could do anything about it. Now I'm not getting paid until they decide what to do. They owe me either way, but I'd like to give them some advice from people w/ more experience. Thanks guys.

[joelpatterson]

If there's something that's sacred that's carved in stone somewhere and says, "You must only do live CDs with the original live tracks--no fudging!" then, you would have your answer.

Other than that-- if it sounds good, do it.

[FFTT]

Legally, the band needs a release from the old drummer, just in case.

This works both ways so that he is also not financially responsible for the balance
of the debt owed to your studio or any other group incurred debts.

[over-man]

Great advice so far, thanks guys. I should also clarify something. I originally said the band "replaced" the drummer, but it was some sort of general tension between members that caused him to no longer be in the band. They didn't divulge many details, but it wasn't because he couldn't hang.

Replacing the drums with the new drummer is a good idea; but, unfortunately for me, not within their budget.

The legal release seems like the best way to go for all parties. Explain to the current band and former drummer that it is in their own self-interest, both to protect the drummer financially and the band with regards to a record that was already signed for. The art of rhetoric.

[HEADROOM]

Different situation when the drummer left or been kicked out.

If he left hes responsble for a part of your bill. AND has a right to share in the income of the record.

If he thinks he s better off paying part of the bill and share...the band has no other option than to replace the drumtracks.

It depends on the expectations ......

When its just a live cd to get gigs with basically , the band should considder paying him a fee and get a clearance stating he s out of the entire thing (roayltywise)

It will be cheaper than recording a new drummer....

A clearance without fee will not stand up in court. At least not in Europe. Not sure about US law.

www.nickoosterhuis.com

"All you can do is ruin things to varying degrees " originally posted by dbbubba

[joelpatterson]

No worries, the US is a pretty lawless place.

[max cooper]

I don't understand.

Did they replace the drummer (like personnel-wise) or did they "replace" the drummer (like with drumagog)?

Either way, who cares? Live albums come out all the time with different lineups than the current one.

And drum tracks are replaced all the time.

I understand a lot of seventies live albums retained only the crowd sounds.

[meteor]

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.

[FFTT]

Generally in contracts there must be " consideration " even if it's $10.00.

Many moons ago, a heated disagreement over the quality of the record/management deal caused the band I was in to find another bass player.

The deal sucked donkey snot and they couldn't believe I wanted to reject the offer.

I received $2000.00 in consideration of a full release of my tracks and interest in the
Band's name which I came up with.
This was difficult because I would also not get any performance credit for any parts they kept.
I would legally become a ghost.

In return, I was released from any and all liability from the band's debts previous or future.

[sneezebomb]

Sid Vicious is listed as the bass player in the album credits for "Never mind the bollocks." All accounts from persons present at the time of recording agree that he maybe recorded one track on the album. Glen Matlock and Steve Jones and maybe the engineer played all other bass parts. Sid gets credit though.

This probably doesn't help but it's what came to mind.