Legal Question in Business Law in California

An attorney would have to look at the publishing contract, but my first reaction is that if the contract is for future performances and they can't take place because the band has lost essential members, there has been a breach of contract and the publisher maay even be entitled to damages.

On the other hand, if RCA had a recording contract with the New York Philharmonic, and one violinist resigned and was replaced, this would surely not be a breach of contract, but if the conductor were Arturo Toscanini and he quit, it might be a different story.

My understanding of advances is that they are often tied, in the contract, to future performance of the contract, and often also at least partially restricted as to use. Very seldom will a publisher give up a wad of cash without strings attached. It would also be of importance to see how the band is described and who signed for it.....it sounds as though it may be a partnership if it had no more formal organization. Partnerships don't need written (signed) agreements to exist and be sued as such, or for individual partners to be liable for partnership debts.

I think you should find a lawyer with some entertainment-industry experience and have an initial consultation to discuss your rights and possible liability issues.

Any claims you make, will have to be resolved by negotiation among the parties, or litigated at risk. If your claim is only $10k, it would not be wise to spend a lot of money litigating. If you are sued by the publisher or the band for breach, you won't have any choice. This is a situation you should negotiate before it gets out of control, with the aid of an attorney. If you are in SoCal, and serious about doing so, feel free to contact me.