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Entertainment Attorney/Musician gives free advice...

Discussion in 'Band Management [BG]' started by Stumbo, Jan 26, 2012.


  1. Stumbo

    Stumbo Wherever you go, there you are. Supporting Member Commercial User

    Feb 11, 2008
    Cali Intergalactic Mind Space - always on the edge
    Song Surgeon slow downer software- full 4 hour demo
    Barely Legal With Joe Escalante - KTLK AM1150

    Welcome to the dream-crushing world of entertainment law.

    Whether you want to make it show business, or are just curious as to how it works from a legal perspective. Your only source for absolutely free legal advice on entertainment industry issues is now on Los Angeles' KTLK AM 1150 every Sunday from 5-7pm(Pacific time).

    You can call and ask your show biz legal questions live on the air and listen anywhere in the world!

    To ask a question call toll free 877-520-1150. And check out our fresh new Facebook page where you can post questions in a cozy familiar fashion.


    If you check the Facebook page, there are other free legal advice shows listed.
     
  2. AltGrendel

    AltGrendel Squire Jag SS fan. Supporting Member

    May 21, 2009
    Mid-Atlantic USA.
    Stumbo, you are always out there with the good info.

    Thanks.
     
  3. MatticusMania

    MatticusMania LANA! HE REMEMBERS ME!

    Sep 10, 2008
    Pomona, SoCal
    Joe used to, or maybe still does, play drums for The Vandals I believe.
    He used to host the same show on LAs Indie 103.1 station when it was still on air.
     
  4. Music Attorney

    Music Attorney

    Feb 22, 2004
    I want to make it clear that if I find out any of you have cheated on me, I will no longer respond to your post ................. which some of you may view as more of a blessing than a threat :)

    MA
     
  5. mikegug

    mikegug

    Oct 31, 2011
    SWEET!
     
  6. TBrett

    TBrett

    Nov 3, 2007
    Toronto, Canada
    Haha! You know we'd never cheat on you!
     
  7. Yeah, but we're just getting legal advice from him, we love you!

    Randy
     
  8. JumboJack

    JumboJack

    Dec 31, 2007
    Lakewood,CA.
    Joe plays Bass w/ The Vandals.He played drums in the early years and switched to bass when Josh Freese joined the band...
     
  9. 4StringShooter

    4StringShooter Banned

    Jun 26, 2011
    London, Ontario, Canada
    GBX Member #1
    I think that all ordinary, decent, right-thinking people in this country are SICK and TIRED of being told that ordinary, decent, right-thinking people in this country are sick and tired !!!
     
  10. CURIOUS_808

    CURIOUS_808

    Nov 15, 2012
    I am an electronic musician. I recently recorded a few songs with a singer, we agreed to split the money 50/50. I got us a really good record deal.

    Now she wants to quit the project, she is kinda unstable, mentally. If I pay her, which I plan to do, do I need her permission to release teh songs? I have a feeling if I ask her she will say no. This is something I have put many months into finishing and it is my project she was just a guest vocalist.

    I doubt if I sent her a contract form the label she would sign it. So can I just sign with the label and then pay her, her half of the money?

    Thank you in advance.
     
  11. fraublugher

    fraublugher

    Nov 19, 2004
    ottawa, ontario, canada
    music school retailer
    +1
     
  12. Music Attorney

    Music Attorney

    Feb 22, 2004
    When you say “us,” did both of you sign the deal? Who is it with? What does it say in terms of who owns the masters?

    If this was Interscope Records (or even an indie with an ounce of sophistication), then that “record deal” is almost surely going to give the record company the right to release the records regardless of what Ms. Unstable does.

    If Ms. Unstable hasn’t signed any paperwork, that’s not great news, but it may not be fatal. However, I first need to know who signed what and with whom and what it says regarding ownership/distribution rights.

    Just a plain old someone without their own talk show,
    MA
     
  13. but his own forum thread, sorta.
     
  14. sunnyskies67

    sunnyskies67

    Jul 12, 2013
    Hi I wonder if you can advise me? I was part of a band and left in Feb this year previously all band members agreed that our songs created as part of band would confer on each band member equal shares in terms of distribution one of these songs I wrote myself. A partnership management became involved in the band before I left and said they wanted to invest and began taking money from gig bash sales and merchandise. Since I ve left the 'management' have sent me this document ( contents which I shall paste in following post) and say they want me to sign and return it. Im not sure whether this is a fair agreement and have reservations on certain parts within it especially clauses were it appears to allow these people to seek indemnity from me ( im not in band any longer) and fact there is no termination clause in respect of 'writers' wanting to give reasonable notice to terminate it? Am I being unduly paranoid?
     
  15. sunnyskies67

    sunnyskies67

    Jul 12, 2013
    I cannot place attachments or paste from the contract as its protection enabled? Anyone have an email I can send it to?
     
  16. That's right, didn't he take lessons from Scott Thunes- just enough to play bass for the Vandals? IIRC that is the story.
     
  17. masterFlash

    masterFlash

    Jul 6, 2009
    detroit
    @SunnySkies. If you can't copy and paste it, then take a screen shot and include the image in your post.

    I am not an attorney, but have freelanced for years as programmer (Every job is a new contract) , and I advise to never sign a contract with a clause that can end up costing you money. You have every right to cross out sections that are not cool with you.

    I say, print out the contract, mark it up accordingly. Initial the changes you have made and return it to them, either scanned in, faxed or snail-mailed.

    If they respond to you that it's just a formality, don't budge. They are looking to you to sign it, you have the upper hand. Only sign a contract that you are 100% happy with.

    You can even add to the contract items like '$50 dollars every time your song is performed live.' By adding extra things into the contract negotiations are easier because they'll ask you to remove that and you'll ask them to remove the indemnity clause.
     

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