Drummers wants to quit but wants to make us breakup the band

troy mcclure · #1 03-28-2009, 06:46 PM

The drummer that formed my band and named it, deicded to go onto greener pastures. However we have many gigs booked and he has decided he thinks the gigs should go with him...

I am of the mind set that the band is booked based on the quality of the vocals in the demo, not the drummer.

I know there will people here with some good opinions.

Jimmy Bones · #2 03-28-2009, 07:10 PM

Well, that's a tough one.

I'd say, if you can find a replacement drummer pretty quickly, it'll be easier for you to keep the gigs than for him to find a whole new band and put them in the gigs.

**Stumbo** · #3 03-28-2009, 07:21 PM

If he has the connections/contacts, did the booking and signed the contracts, seems to me that he can pretty much do whatever he wants. It appears that he felt it was always his band to with what he pleased and everyone else was pretty much a hired hand.

If you're as good as you say, copyright/keep the name (if it's available), get another drummer and get your own gigs. If you know where your upcoming gigs are going to be, start calling the venues immediately to let them know what's happening (they won't be getting the same group). Maybe they'll work with your new group, possible not on that gig but book you for something else. It's work but can be done.

Also, make a list of all the places you've played in the past and get in contact with them directly. They might not have gigs right now but that's something you can also do.

Either way, stick with the vocalists.

Why would he leave the band with many gigs booked? Does he have another band already? Did he say what the problem was?

Good luck.

ChiefLongDong · #4 03-28-2009, 07:21 PM

If he booked the gigs, I'd say he at least has some right to get a band together and go... If he was just the drummer in the band, then have him piss off and find a new one to play the shows.

xgator4u · #5 03-28-2009, 08:22 PM

Quote:

Originally Posted by Stumbo

If he has the connections/contacts, did the booking and signed the contracts, seems to me that he can pretty much do whatever he wants. It appears that he felt it was always his band to with what he pleased and everyone else was pretty much a hired hand.

If you're as good as you say, copyright/keep the name (if it's available), get another drummer and get your own gigs. If you know where your upcoming gigs are going to be, start calling the venues immediately to let them know what's happening (they won't be getting the same group). Maybe they'll work with your new group, possible not on that gig but book you for something else. It's work but can be done.

Also, make a list of all the places you've played in the past and get in contact with them directly. They might not have gigs right now but that's something you can also do.

Either way, stick with the vocalists.

Why would he leave the band with many gigs booked? Does he have another band already? Did he say what the problem was?

Good luck.

YUP

Never_grew_up · #6 03-28-2009, 08:38 PM

Depends - If he did all the legwork & 'sold' the gigs they're basically his. But he did that on the strength of the band & the demo. What are the greener pastures he's moving on to? If he has other players lined up to play those gigs then he's clever - kind of a prick to have done that before leaving this band, but a clever prick.

Unless he owns all the PA & you practice at his house he can't make you all break up. He can take the name (though if he didn't protect it that's arguable) but why fight to keep it? There's bad kharma associated with it now. Get another drummer, tighten up your setlist, call all the clubs where you've played & start booking the new band. Name it something like "Not the same old (whatever the old name was)" and get on with it.

fdeck · #7 03-28-2009, 08:39 PM

Sit tight and wait to get called back as a hired gun, on your terms.

Revvv · #8 03-28-2009, 10:09 PM

If he is leaving the group, he is making a decision to leave. He has no rights at all. Find a new drummer and wish him luck. He doesn't have the right to kill a band just because he started it.

hbarcat · #9 03-28-2009, 10:34 PM

Who is this guy - the drummer version of Ian Anderson?

Short of a legally binding arrangement, the identity of a band is usually a complicated thing that depends on a number of factors such as the specifics of the origin of the name, the length of time and continuity with that name, the association the public has with the image of the band and the relative "value" that each member of the band has in contributing to that image.

Assuming the drummer has no legal right to the name, the only way I would be satisfied with letting him take the name is if he had the name for a significant length of time before any of the rest of you, ie. years, and he is clearly the central figure in the band, contributing more to the image and content of the band than all the other members put together.

That's a pretty tall order, but if he is all that, then I think you should let him have the name as well as the gigs. It's then up to him to find replacement musicians for "his" band that will satisfy the venues where he's playing that it really is the same band that they agreed to hire.

If he's not actually the Ian Anderson of the group then tell him to "stuff it" and you keep the name and gigs (if you can live up to it and if you still want it).

troy mcclure · #10 03-28-2009, 11:51 PM

He booked the gigs based on the demo...

However, he doesn't have contracts... He is joining a different established bands, who have no conflicting dates, but is trying tvery hard to get the me to join a different band so the whole band falls aparts so he can just take the band into those dates..

A clever prick as stated above...

**Stumbo** · #11 03-29-2009, 01:14 AM

Quote:

Originally Posted by troy mcclure

He booked the gigs based on the demo...

However, he doesn't have contracts...

He is joining a different established bands, who have no conflicting dates....

but is trying very hard to get the me to join a different band so the whole band falls apart so he can just take the band into those dates..

So, it's really up to you. Get another drummer, keep the vocalists and move on. If he has not contracts, do you have the venues' contact/phone numbers?

Since you have many gigs lined up, it sounds like you're in an established band right now. What's the point of what he is doing? He already has a band and the gigs.

The guy's history, so move on and do what's right for you and the rest of the band. BTW, there should be a solid contract for every gig.

You may want to take a look at some of the following TB threads on band management:

If only I knew then what I know now... If I only knew then.
Introduction to Management Forum - important links here ... Intro
TB Compilation: Must-Read Book Recommendations Books
Any tips for a first band? First band
Is your band a democracy? or the opposite? Running a band: democracy or dictatorship?
How to fire someone from a band How to fire a band member
gig money = band fund ?? Band "funds", "to be or not to be?"
The "Get Mad at Local Acts/Venues" Thread Originals Band "paying dues"
I'll Never Play for Free Again Is playing for "free" really "free"?
How do we get a gig and get paid? Getting gigs
Aspiring band newbie seeks craigslist ad advice Advertising yourself
Business cards on the cheap? Any sources or ideas? Business cards

You can find these and more in the link in my sig.

IanStephenson · #12 03-29-2009, 05:34 AM

It's ultimatly down to the venues that booked you. They booked band XXX through the drummer. I'd presume that contract or not, they're EXPECTING band XXX to turn up and play that night. If band YYY turn up and say "we've taken over XXX's gigs", then the venue would probably say "not here you haven't - where's the band we booked?".

If he wants to leave, unless he "IS" the band (Eddie VH leaves Van Halen - they probably shouldn't keep the name), then just call up the venues, explain the situation and ask them if they'd like to confirm their booking with XXX, or if they REALLY wanted the drummer, and will go with YYY. Without contracts then they can do what they want, but I expect it will go your way.

I fill-in for a band where the drummer left, and took the gigs with him, but in that case the band "split up", and the band was officially no-more. The drummer got in first, and took the gigs for his new band, before the guitarist announced he was "reforming" the old band (ie using the old name) with a totally new line up. In that case it was fair game, but in your case I wouldn't worry.

As for the name - tell him to call your lawyer.

Ian

QORC · #13 03-29-2009, 06:12 AM

There is nothing this guy can do to keep you going on with the band and its name with a replacement, unless he has a copyright on the name, and 99.999999% of bands never have any real legal basis to themselves as an entity.

cnltb · #14 03-29-2009, 06:22 AM

I'd say a band is a joined effort, regardless of who happened to form it. You don't form a band alone. So if one decides to leave, why should the others give up on it?
I would most certainly recruit a new drummer and do the gigs.

tycobb73 · #15 03-29-2009, 08:26 AM

I don't think most of the crowd would care you changed drummers. They're there to listen to the music. If it was the singer, maybe. They're your gigs.

funkmangriff · #16 03-29-2009, 08:39 AM

they booked the BAND (the name, the songs etc.)

they didnt book the drummer

they're the bands bookings

their are yours not the drummers

RustyAxe · #17 03-29-2009, 10:20 AM

Quote:

Originally Posted by funkmangriff

they booked the BAND (the name, the songs etc.) ... they didnt book the drummer ... they're the bands bookings ... their are yours not the drummers

Exactly. Seems everyone sees it from the band's perspective. What counts is the venue's perspective ... what did they expect to get when the booked the gig? My guess would be that they'd prefer the band, and will gladly take whoever plays the skins.

Moe Monsarrat · #18 03-31-2009, 02:41 PM

I agree. If the venue booked the band based on who played drums, then they can hire his new outfit. I'm betting they hired the band based on how they sounded. Who cares who the drummer is? If he legally owns the name then that's too bad, but not the end of the world. Whoever is in his new band will not sound like you anyway. Just get a better drummer & move on. Contact venues he booked, explain the situation & ask what they want to do.

nortonrider · #19 03-31-2009, 02:59 PM

It sounds like the difference is in the wording.

He is moving on to greener pastures means that he has quit the band - leaving you guys as a unit. = Your Band!

He has fired you guys and is hiring new musicians to fill your slots. = His Band!

ChrisB2 · #20 03-31-2009, 03:16 PM

Yeah but OP's opening statement was "The drummer that formed my band and named it, deicded to go onto greener pastures." So is it Your Band or His Band?!?

I think OP's follow-up info clarified the situation:

Quote:

Originally Posted by troy mcclure

... trying tvery hard to get the me to join a different band so the whole band falls aparts so he can just take the band into those dates ...

Obviously, the drummer knows the gigs aren't rightfully his alone, so the remaining band, as well as the OP, are free to do as they please...