Legal and Ethical Considerations in Post-Parting Band Royalties

Recently, you and two other members of a band decided to leave, leaving behind an album that you all contributed to. However, the decision has been made to have the new band members, who did not contribute to the album, share the royalties.

While it’s understandable that you are upset and feeling like you are not fairly compensated, it’s important to understand the legal and ethical considerations involved. The decision about who receives royalties is often governed by informal agreements or formal contracts, along with established copyright laws.

Legal Landscape

Without delving into legal terminology and specific contract details, it is generally true that the person or entity that holds the copyright to the band’s music can make decisions regarding royalties and distributions.

Here’s why: When you all signed the band agreement, it likely included provisions about how the rights to the songs and the earnings from them would be managed. In many cases, the band itself (often registered as a legal entity) holds the copyrights, and this can change when members leave and new ones join. This change can be reflected in property rights and financial entitlements, which may not be tied to the original recording members.

Therefore, if the band entity holds all the copyrights and has declared a change in its constituency, legally, the new band members can qualify for royalties. This is eminently legal—however, it might seem unfair to the departing members, which is a matter of ethics, not legality.

Ethical Considerations and Fairness

The ethical angle is perhaps the most important to consider here. Just because something is legal, it doesn’t necessarily mean it’s ethical.

As a respected former band member, you have certain artistic and personal attachments to the work. You might feel that you should continue to share in the royalties, as you contributed to the creative and personal aspects of the album.

If you were in a similar situation, you might consider forming a new entity, such as registering the album under your name or another entity you control. This would allow you to have full control over the royalties and ensure that you are compensated fairly for your work.

An alternative approach is to engage in mediation or simply communicate directly with the band to negotiate a fairer solution. You might find a compromise that keeps some royalties for your group or at least ensures you are compensated for your contributions in a way that satisfies both parties.

Consulting a Legal Professional

It’s crucial to consult a legal professional in your jurisdiction to properly navigate the situation. A lawyer familiar with music law and copyright law can provide you with a clearer understanding of your rights and options. Legal advice can include reviewing your contract, challenging the copyright ownership, or seeking to register the album under your name.

For instance, if the band entity holds the copyrights, you can challenge this in court or through other legal means, such as negotiating a new contract. Warner Chappell Music and similar companies provide legal support to musicians and can be a resource in such situations.

Conclusion

While the decision to have the new band members receive royalties might be in line with legal precedents, it doesn’t necessarily align with ethical expectations, at least not from the perspective of the contributing members who left the band. Ensuring fair remuneration for your work is paramount, and exploring all legal and ethical avenues is necessary.

It’s essential to remember that while the situation is complex and may require a fair amount of negotiation and legal expertise, your contributions to the music and your ethical rights should be respected.

So, if you feel that you are being unfairly treated, don’t hesitate to seek professional guidance. The U.S. Copyright Office can provide valuable resources on copyright law and the registration process. Take control of your creative contributions and ensure that you are fairly compensated for your hard work.