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Send mytracks to someone else12/22/2023 ![]() ![]() My advice: sign a Band Agreement that deals with these issues and clarifies the rights of each member. So what does this mean for you, the modern musician? Well, without a Band Agreement that outlines the various rights and responsibilities of each member vis-a-vis the compositions and sound recordings, any one member can stop the others from exploiting the songs. As we all know from reading rock and roll bios, bands don’t always stay happy and together (just ask Hagar…or anyone else that sang for Van Halen). If you record your masterpiece and three months later your bass player quits, he or she could stop you from releasing your masterpiece. This comes as a surprise to many of my clients, and is why the Band Agreement is so important. However, this principle does not apply if a record deal was signed that gives these rights to a record label (again, one was in this instance).īut for indie bands without a record label, the principle applies: without something in writing between the members (a Band Agreement), any single member can stop the others from exploiting recordings that contain their performances. ![]() In other words, even if David Lee Roth didn’t co-write Hot For Teacher, he could still stop his ex-bandmates from exploiting the recording of that song. Absent an agreement to the contrary, you own your performance on the master recording, and it cannot be exploited without your consent. If you are not considered a co-writer of the composition, you still have certain rights in your performance on the recording. But if your indie band has not signed a pub deal, the principle applies: one writer can stop the other writers from using a co-written song, unless something is put down in writing between them. If you are indeed a co-writer, the other writers cannot exploit the recording containing the composition without your written consent.įor example, if David Lee Roth co-wrote Hot For Teacher, he could stop the other members of Van Halen from using that composition once he left the band. However, this principle does not apply if a publishing agreement was signed, as these rights would be assigned to a publisher (which they were in this instance). It really depends on the agreement you have with your bandmates, and the extent of your contribution to the song in question. Some guitar players are considered songwriters, some aren’t. Some drummers are considered songwriters, some aren’t. If you are a co-writer of the composition that was recorded, you are entitled to a percentage of revenues generated from the songwriting copyright. The revenue streams generated from the sound recording copyright include record sales (both digital and physical), streaming royalties, master use license fees (to use the actual recording of the song in film and television), and more. The revenue streams generated from the songwriting copyright include performance royalties (from radio play, public performance of the song, etc.), mechanical license royalties (a fee paid per-song for every copy of the song that is made), synchronization fees (if the composition is used in film or television), and more. Your Rights: Two Main Copyrights In A RecordingĪ starting point is understanding the two main copyrights in a recording: one in the written composition ( the songwriting copyright) and one in the recording of that composition ( the sound recording copyright). And whether you’re a drummer, guitar player, oboe soloist, or David Lee Roth, the law is the same. One of the most common questions is: what rights do I have in a recording that I performed on? Whether it’s a song you played on decades ago that was just re-released by your former bandmates, or a song recorded last week that has yet to be released, the same principles apply. ![]() I get many emails every week from musicians around the world asking me questions about the music business.
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