Band Trouble

reverb508 · #1 01-27-2008, 10:43 PM

My band recorded this past August and after a series of problems and miscommunications regarding mixing and mastering, the CD has just recently gone in for replication.

The big snag is that we have overshot our projected budget by a hefty sum, leaving a third party (our unofficial "manager") to foot the initial bill (with intent of being reimbursed).

Anyway, he does not want us to use the CD until he is reimbursed. This, to him, means that we cannot sell the physical CD OR post samples on the bands myspace and website.

I personally think this is a bad move. First of all, we are already in possession of the master. He did not pay for the recording time, the mixing, or the mastering. So in my opinion, the content of the CD is not his to control. He only has say over the album art, and the box of 1000 CD's that will soon be sitting in his living room waiting to be distributed.

The band is split in two on the issue of what to do. The singer stands by the "manager" and the rest of us want to start promoting this thing (we've been sitting on it for 6 months already).

So, my question is: Are we just being over zealous or is our "manager" exerting authority over something he has no right to?

mattq · #2 01-27-2008, 11:47 PM

he doesn't want you to sell the cd until he's reimbursed? i'm hoping you guys aren't dependent on selling cd's to make back the cost of the recording. either way it doesn't make a ton of sense to me why your manager wouldn't want to make money. maybe i'm not understanding the situation or something

reverb508 · #3 01-27-2008, 11:53 PM

He wants to be paid back for the replication cost first. Thats fine with me. Its only fair.

However, we owe him money for the replication only. The whole process up to that has been paid for already. So, in theory, the band owns the master. So I think we can do what we want with it. He wont let us promote the CD at all until he gets his money.

cheapbasslovin · #4 01-28-2008, 12:02 AM

BS

Post the songs. If nobody had spent a dime on CD production, you would still be able to post the songs on the internet, as well you should be able to do now. It doesn't make any sense that he doesn't want you to be able to promote your stuff in an effort to pay him.... to further promote your stuff. Maybe you could work out a deal to buy back a certain # of discs and when you sell those use the cash to buy more. I don't really know.

But post the songs. You had the master before cd production, you could have done that anyway.

MysticMichael · #5 01-28-2008, 12:10 AM

Quote:

Originally Posted by reverb508

So, my question is: Are we just being over zealous or is our "manager" exerting authority over something he has no right to?

What does the contract say?

What? No contract?

MM

K2000 · #6 01-28-2008, 12:35 AM

Selling the CD right away will get your manager reimbursed faster than having him hold the CDs for ransom.

This guy doesn't sound like a reasonable person, to be managing the band, IMO.

Maybe write a contract now (as recommended) as an IOU, for his peace of mind. Every time you make a payment, get a receipt or have him sign a tally sheet or some other form of documentation. Get everything in writing, but also get your fair share of the discs so you can start selling them.

If this guy doesn't trust you, then why is he managing the band?

bass106 · #7 01-28-2008, 01:35 AM

I can understand where the manager's coming from about not wanting to give you the 1000 or so cd's he just paid for. If he just gives you the cd's he got no gaurantee that you will pay him back because you could easily just keep fobing him off saying later and later. I've seen it happen heaps of time where the person who owes the money goes "ohh i just assumed that you decided to buy them for us as a favour since its been so long."

He probally doesn't want you to advertise the cd on the net either because you could easily get someone else to make copies of your original once you make a bit of money. The manager would be then left with the 1000 cd's and debt which is unfair.

So get a job or take out a loan if you have to but don't stab your manager in the back, because I know if it was me I'd want the money before i hand them over.

canshaker · #8 01-28-2008, 01:59 AM

Sounds to me like two choices.

1. He doesn't let you release the cd until he gets paid back.

problem: YOU HAVE NO MONEY TO PAY HIM UNTIL YOU SELL SOME CDS.

Choice #2: You start selling the cds now, and he gets a strong percentage of the sales until he is payed band. The scale adjusts again to include him in profit sharing, unless.... He didn't agree with that in the initial offer, which means if he is payed back... He's out.

You tell me. What seems to be the most logical solution here? Choice 1, where NO ONE get's paid, and the cd sits and rots. Or choice 2 where you both are chipping away at the debt/recoupment, while at the same time getting your product in the market place?

Ahhh, the music business. JUST like beating candy from a baby. Then beating him again with the SAME candy 3 months later. Oh and don't forget, the baby is STILL responsible to repay the cost of allllll the candy beatings. Sweet.

makaky · #9 01-28-2008, 06:26 AM

First, you have a contract with him ?

Second, how the hell are you supposed to pay him back if you cant sell the CD's...

The manager is supposed to take some risks with the band, Music is a high risk, low profit business. he should know that. So many tards whannabe managers theses days....( actualy its been like that forever)

C'mon 1000 Cd's is worth nothing these days. Couple of gigs, 100 CD's sold and add a couple of tshirt and VOILA!!

morf · #10 01-28-2008, 06:49 AM

Pay him back, get your CDs, fire his ass, and move on.

reverb508 · #11 01-28-2008, 09:59 AM

Thanks for all the replies. At least I know I'm not the one being a jerk in this situation.

His status as a manager is pending at the moment. We haven't signed a contract with him yet (nor do I think we will). The only reason he's even being considered is because he set up the whole recording experience for us. He's friends with and works for the studio owner who happens to be a grammy winning songwriter. So pretty much, we keep him around cause we feel obligated (read: guilty). Plus, our singer is attached to him at the hip.

ryan(MAIDEN) · #12 01-28-2008, 10:14 AM

do a cd release show and have him at a booth selling the cds... and then give him show money and cd money that equals the amount that you owe him.... and if he doesnt want to do that he is a douchebag..

reverb508 · #13 01-30-2008, 11:55 PM

well, the crap has hit the proverbial fan. I had a big argument with both the manager and the singer. A lot of dirty laundry came out and a lot of swearing ensued.

If didn't owe this band my right leg from recording debt, I would be gone.

Is it just me or are all singers the thickest egomaniacs on the planet? His unwillingness to listen to reason is simply staggering. If this confrontation didn't happen on the phone, it would have easily devolved into a bloody brawl. If only you could choke people through the telephone like they can on cartoons.

Rattman · #14 01-31-2008, 12:26 AM

Quote:

Originally Posted by ryan(MAIDEN)

do a cd release show and have him at a booth selling the cds... and then give him show money and cd money that equals the amount that you owe him.... and if he doesnt want to do that he is a douchebag..

Yes... singers are indeed "thick".. but this above idea does seem to have a lot of good, solid merit to it. It's too bad that you are stuck square in the middle of this seemingly 'impossible' quandry at the moment. I bet the CD sounds dashing thou.