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Copyright?? Kicking a band member out?? Help??

A

AbraBASS42069

Apr 26, 2020
10
6
#1
So I'll just to make this short but I just wanted to see if anyone on here would know anything about the legalities of my band's situation or have resources to offer. I have done a lot of research on the topic of copyright but I'm not really finding anything helpful to my situation so here goes:

My band and I have parted ways with our rhythm guitarist. However, said guitarist is now threatening legal action because they wants us to stop performing any songs we wrote with them. We have about 9 out of 22 songs uploaded to platforms. My question is, does the guitarist have any right to have us stop playing these songs? Keep in mind we are a local band. We gig often and make a decent amount of money.

Thanks for any input!
 
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#5
there was a similar thread about last week or so. I'm not sure what the legal standing is, of course, but imho, if the new guy writes his own new parts replacing the old guy's, you should be free and clear (ethically. Legally, I ain't a lawyer, don't listen to me. I have an ex-brother-in-law who is a lawyer - don't listen to him, either!)
 
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#7
bholder said:
there was a similar thread about last week or so. I'm not sure what the legal standing is, of course, but imho, if the new guy writes his own new parts replacing the old guy's, you should be free and clear (ethically. Legally, I ain't a lawyer, don't listen to me. I have an ex-brother-in-law who is a lawyer - don't listen to him, either!)
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I'll have to dig around to see then but thank you for letting me know! My wife's cousin is lawyer but he doesn't know much about copyright LOL
 
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#8
AbraBASS42069 said:
Really just to sue over us performing the songs. I'm not really sure what that would entail
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I'd let him sue you. See what happens. What would he be entitled to? 9/22 of a $250 gig that you split 5 ways between members? What is that, $20 per gig? How much would he pay a lawyer to sue you for $20?
 
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#9
Song copyright is based on lyrics or melody over a chord progression. A rhythm guitar part, bass line or drum part is the arrangement and generally not subject to copyright. What did he contribute to the songs? Technically, copyright exists as soon as something is written down. It does not have to be registered.

As for the recordings, was there a written agreement on royalties?
 
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#10
Your band doesn't need Skynyrd's permission to play "Sweet Home Alabama" so why would you need your ex-guitarist's permission to cover his songs? Assuming that he's registered the songs with BMI or ASCAP, then he gets a royalty (paid by the venue, not the band) every time you cover his song. It's a win-win for both parties. Your covering these songs, puts money in his pocket.

(disclaimer: not a lawyer)
 
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#12
So are these copyrights ever going to be worth anything, or (sorry!) are y'all another bar band playing a few original tunes, earning a few bux here and there, said originals destined to disappear without a trace as soon as your band breaks up? Honestly, unless you're talking at least nationally-famous bands, none of it's worth much. Fired member would have to show exactly how much he's being harmed by having someone else play his part of the co-written songs. And he's not going to have Sony/CBS Records level resources behind him; if he's lucky he'll get a low end ambulance chaser to take it on, and he'll probably have to pay legal costs up front because no lawyer would take something like this on contingency.

Tell him "Go right ahead and sue; we'll see you at the courthouse". He's all talk, nothing going to happen.
 
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#15
A few years ago, I asked this exact same question of my friend who practices corporate law and he said to just ignore the guy.

While your former guitarist may have some percentage of legal ownership of those songs, the amount of money he may possibly be entitled to is literally pocket change.

If he wants to collect, then he's got a long legal hill to climb to prove his (partial) ownership, and then demonstrate to a court that he knows how much profit you make from those songs. There's just no way that's a cost effective use of his time. He's not going to pay some lawyer $300/hr just to attempt to chisel $3 in possible royalties out of you guys.

But if he wants to try to prevent you from playing the songs that you wrote together as a band, forget it. Won't happen.
 
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#16
Mushroo said:
Your band doesn't need Skynyrd's permission to play "Sweet Home Alabama" so why would you need your ex-guitarist's permission to cover his songs? Assuming that he's registered the songs with BMI or ASCAP, then he gets a royalty (paid by the venue, not the band) every time you cover his song. It's a win-win for both parties. Your covering these songs, puts money in his pocket.

(disclaimer: not a lawyer)
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Ah, but if a representative of ASCAP or BMI comes to one of "your" (not you just as an example) gigs, the venue will have to pay Skynyrd a fee. In fact more music venues are paying a licensing fee to have live music. You just may not know that. If the venue doesn't insisted on your band playing original music, they might be paying that fee, or the Reps just haven't made it to your part of the Holler yet :)

Fixed :)
 
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#18
DJ Bebop said:
Ah, but if a representative of ASCAP or BMI comes to one of your gigs, you will have to pay Skynyrd a fee. In fact more music venues are paying a licensing fee to have live music. You just may not know that. If the venue doesn't insisted on your band play original music, they might be paying that fee, or the Reps just haven't made it to your part of the Holler yet :)
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Maybe so, but venues pay that fee, not the bands. Which means if former guitarist believes he's entitled to royalties, then he'd need to deal with the performance rights organizations.

Wish him good luck with that.
 
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#19
AbraBASS42069 said:
So I'll just to make this short but I just wanted to see if anyone on here would know anything about the legalities of my band's situation or have resources to offer. I have done a lot of research on the topic of copyright but I'm not really finding anything helpful to my situation so here goes:

My band and I have parted ways with our rhythm guitarist. However, said guitarist is now threatening legal action because they wants us to stop performing any songs we wrote with them. We have about 9 out of 22 songs uploaded to platforms. My question is, does the guitarist have any right to have us stop playing these songs? Keep in mind we are a local band. We gig often and make a decent amount of money.

Thanks for any input!
Click to expand...
In a month or two, you may have more song to play and you can drop those, or not cause, he isn't going to do anything, he's just mad right now :)
 
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#20
DJ Bebop said:
Ah, but if a representative of ASCAP or BMI comes to one of "your" (not you just as an example) gigs, you will have to pay Skynyrd a fee. In fact more music venues are paying a licensing fee to have live music. You just may not know that. If the venue doesn't insisted on your band playing original music, they might be paying that fee, or the Reps just haven't made it to your part of the Holler yet :)
Click to expand...

Wrong. There is no fee to the band, to perform a cover song live, whether it is Skynyrd or some local amateur songwriter.

Paying ASCAP/BMI is the venue's responsibility.
 
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