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D' Bag Guitarist Advise

48thStreetCustom

48thStreetCustom

Inactive
Nov 30, 2005
3,236
15,651
57
Colorado
#1
This is a bit of a soap opera but I'll try to keep in succinct.

I played in this band for two years. Five guys in it including myself but I was payed 1/10 of whatever we made at the gigs. The guitarist told me the other half of what I earned was going towards a recording. I voiced my concerns and reluctantly agreed. The other guys earn more money than me from their day jobs so they put 100% of their gig money into the band fund.

So cut to two years later and we go into a studio and the rough mixes sound good. There's still a few overdubs and mixing to do as well as getting the CD produced. I say to the guitar player "Hey man, y'know you never paid me for those 6 gigs we played last month? It's about $310 and I have rent due next week." The guy flies off the handle about "Now we can't finish the recording" and how sh***y it is for me to do it and how I'm so money oriented. I kept my calm and explained that we had an agreement and that half of my money did go into the recording. He fires off an angry email to the whole band and everyone else sides with me and basically says "we had an agreement and why didn't you pay him (me) before this?"

Finally he agrees to pay me so I go over to his house and he blocks me from coming in the door, shoves a check in my face and in the memo is scrawled "SELFISH." I said "Alright, see ya later Man." And I never heard from anyone in the band again. I took that to mean I was fired but I was done with it anyway.

I found out through the grapevine that two other guys before me left the band with huge battles over money owed. The guitarist's rational is that your money goes into the band fund and when you leave, the money you earned stays with the band.

So now it's a year later and in that time two other guys quit the band amicably. The guitar player recently started gigging the band with new guys and selling the CD. I sent him an email that said "Hope you're well. I saw you finished the CD. I wouldn't mind getting my hands on a copy." He never replied.

My theory is this: half of my earnings went into that CD, I played on it for free and now he's selling it to make money. And I stayed as pleasant as I could at the end. I think I'm entitled to a free $12 CD.

And yes, lesson learned. Now I make sure to get paid after every gig before I leave the club.

Thoughts/comments/advise?
 
#5
It's not clear if the money he reluctantly paid you was your 1/10 cut from the gig or a refund for the money you invested in the band recording.

If it was the recording money that was reurned to you, then you have been bought out of the investment and are owed nothing.

But if you still have money invested, you should have equal returns on any profits. I don't know if they are selling enough copies to make a lawsuit worth it. The judge is sure to be angry that you don't have any formal written contracts.

But if you want to annoy him further, you have every right to bring it up and ask for your cut, or at least a copy of the product.
 
#7
Nev375 said:
It's not clear if the money he reluctantly paid you was your 1/10 cut from the gig or a refund for the money you invested in the band recording.

If it was the recording money that was reurned to you, then you have been bought out of the investment and are owed nothing.

But if you still have money invested, you should have equal returns on any profits. I don't know if they are selling enough copies to make a lawsuit worth it. The judge is sure to be angry that you don't have any formal written contracts.

But if you want to annoy him further, you have every right to bring it up and ask for your cut, or at least a copy of the product.
Click to expand...

Yeah, he payed me the 1/10 not the money I put into the recording. I'm not going to sue him because I don't want to be childish like him. And I'm sure the CD will never break even on costs.

I just want to have a copy. I want to hear it. I'm proud of my playing and I want to use it as samples of my playing to get other gigs.
 
#9
I think I have mentioned my personal methodology to prevent this and it will be different for anyone just depends on where your at.

It should start before you acept an offer to join a band. Ask specific question about money and pay just like any other job.

For me if it's 4 members, I require a fourth of what the band is paid for the night. I don't give up any of my share to the Guy that owns the pa.

Emails about all upcoming gigs including the fee that was charged.

I make it clear that I do not participate in band funds. If you need money for band related expenses, provide me with a receipt and I will pay my share.

Blue
 
#14
guy n. cognito said:
Actually, pretty damn hard. It's one thing that gets screwed up more than anything else in a band. Getting 4 or more people to agree on what to do with common funds isn't simple.
Click to expand...

Definitely. My singer likes to go nuts with printing off fliers for big gigs. I'm cool with it to an extent, but the sheer number he wants to print often runs upwards of $120+! I'm fine contributing to advertising costs, but only if the advertising is being handled in a way that I think will be cost effective. I've had to tell my singer a few times that he went too crazy with ads and that he was gonna have to cover more than his fair share of the costs of the ads because he made purchasing decisions without getting the band's consent first. At least this all has happened without us having a band fund; had we had one all sorts of hell would have been raised!
 
#18
Most bands I've been in have had a fund. We tend to split the gig money into 5 (we're a 4 piece) and 1 share goes into a kitty for p.a hire, petrol etc. Any surplus after that gets put into a simple instant access a/c which needs at least 2 signatures for withdrawals. That way no one can just disappear with the money. It's the best way I know (until it gets big... please god)!
 
#20
Febs said:
Band funds are fine if they're administered properly.
Click to expand...

Band funds are for band related expenses.

I have no problem with contributing my share. Present the expense, I will pay my share however I am going to ask for a copy of all receipts.

Now, if your young and play in a band with friends you probably don't have to be this strict.

Off topic ;

Payment.

I require payment either during or right after load out in cash. In most cases if the club writes out a check they're usually fine with cashing it.

If it's a higher end festival or fair gig, I require payment at the next rehearsal or gig.

It's a business.

Off topic;

I'm really tired and have a 6:30 load in tonight. :(

Blue
 

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