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Legality

K

Karmic

Jun 26, 2014
1
0
Minneapolis
#1
Greetings,

I had built a band with another guitar player here in Minneapolis. We both started the band from day one and have gone through several drummers over the past few years. The core of the band was us and our songwriting. I had written all original bass parts along with vocal parts as well. I am known around town for being the bass player for this band as well as being recognized as a frontman for this band and we certainly had a strong buzz going. The guitarist claims he does not want to continue the band anymore. However, he has kicked me off of all of the accounts, and refuses to not use the band name despite my requests. He's a very shady guy and I suspect drug use is involved. I feel he may steal bass parts that I have written (we were finished tracking in the studio for a record…all my parts are done) and I am not sure what else he is up to.

I am considering legal action if he does not comply with my requests. Thoughts? We do have copyrights listed on a single that was released and lots of info on the net with my name associated with the band (along with photos and show write ups). This band is certainly as much as mine as it is his and I feel that if we were to stop working that this should die with us (which we had agreed to in the past but apparently there's no honor with this guy). He claims he thought of the band name (which he had suggested when we were coming up with band names) but his friend had actually suggested it as a band name, so the idea is not his.
 
#4
Karmic said:
I am considering legal action if he does not comply with my requests. Thoughts?
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Legal action? You don't have any case. No one "owns" the band, unless you have a agreement to such. You have publishing rights to any songs for which you are listed as co-author, nothing more, and that does NOT prevent others from playing them in public. You do not have rights to the bass lines (you cannot copyright arrangements). The band name isn't copyrighted (can't be), so anyone can use it unless it's a registered trademark (TM). As much as it grinds yer gears, the guitarist has all the same rights you do, perhaps more if he wrote the music and lyrics to your songs.
 
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#5
There is some protection below registered trademark, a trade name, or "doing business as" name (DBA name). Register the band name for yourself, pronto. Then you can move on and pay for the Trademark if you really want to lay the lumber to him. This sets him up to have to challenge your existing branding. Do it now!
 
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#6
My hobby bandmates have delusions of grandeur--one of whom is showing his shady side more often than not. All aspects I've created--especially the band name and logo--are followed by a (c) or a (TM) and my name. Early on I said that the band name can only be used if I'm on stage or have given permission to do so. Otherwise they can call themselves whatever they want.

I hated bring a douche early on, but I've learned to approach red flags with assertive self-protection.

Good luck!
 
#7
If the guitarist does not want to continue in the band and you do - replace him and carry on. You're the known & recognized frontman and bassist. If the guitarist quits - he quits. Happens all the time.
He's more into drugs than music. Don't worry about him - move on with the same band name and material. It's just as much yours as his, and you still want to play it. He doesn't. If he makes a fuss, let him spend his drug money on any legal stuff. I bet he won't...
 
#8
basslines are not copywritable. If he uses them, oh well.

If his friend thought of the name, then that more or less counts as the name coming from him. Let him keep it.

Cut your losses, let it go and move on to better things.
 
#9
Nev375 said:
basslines are not copywritable. If he uses them, oh well.
Click to expand...

Check Sugar Hill Gang's "Rapper's Delight" vs. Chic's "Good Times." I do believe Chic won that one. As I understand it, the law is murky here, but if the bassline in question is distinctive and original, the OP may be able to claim copyright on it.

If his friend thought of the name, then that more or less counts as the name coming from him. Let him keep it.

Cut your losses, let it go and move on to better things.
Click to expand...

Agree here. At any rate, the OP doesn't seem to own it. It's only worth fighting over these things if there's real money involved, or a substantial following to the band under that name. On the other hand, since the OP says he was recognized as the band's frontman, he could well go ahead and continue to operate under that name and see if the ex-guitarist actually manages to do anything about it.
 
#10
I would start all new accounts, facebook, etc. Keep the name, and play the material with a new guitar player. Do what you want, and if he gives you a hard time, tell him to pound sand.

If you're known as the front man for this band, and you both play out with the name, you will win. However, it will also make you both look bad. If he's shady and into drugs, his demise is not far away. I suggest keep the material, change the name, and do not talk to him ever again.
 
#11
hrodbert696 said:
Check Sugar Hill Gang's "Rapper's Delight" vs. Chic's "Good Times." I do believe Chic won that one. As I understand it, the law is murky here, but if the bassline in question is distinctive and original, the OP may be able to claim copyright on it.
Click to expand...

I think there are some posts that need responses, but, at the moment, I only have time to make a couple of quick comments:

1. Nile Rodgers and Bernard Edwards (RIP) threatened to sue which resulted in a settlement and being credited as co-writers. I seriously doubt the copyrightability of the bass line was a factor. It almost certainly was a straight cost-benefit analysis. Regardless, it did not establish that bass line as being copyrightability as part of the muscial composition.

2. I don't really think the law is all that murky and am still waiting for one example, as a matter of law, where a court has said that a bass line that isn't the melody of the song is entitled to copyright protection as part of the musical composition. Anything other example would be just a claim.

MA
 

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