Legal Question in Entertainment Law in California
Advice Needed for Musician being Screwed Over by Major Band
I have a question regarding the rights of an ex member of a currently very popular band:
This person (X) quit the band after co writing two very successful CD's with them. After he quit, the rest of the band found a replacement for him (Y), but are now playing and performing the songs from the first two CD's that X co-wrote with the origional band members. Y is currently taking full credit for X's work.
When X complained to the band and their producer, he was told that as the whole band co wrote the songs with him, they have a right to play and perform them with Y without acknowledging X at all. Indeed, X has been eliminated from all the bands' fan websites etc.
Surely this is unjust and they should not perform the songs without X's permission, and X should get royalties for everytime the songs are played on the radio/ bought in a store etc. Indeed, this band has just won an award in the Music Video Awards for a song that X wrote with them, in which they use X's voice whilst Y mouths the words!
Does X have any rights whatsoever? What can X do to protect his rights and his name?
4 Answers from Attorneys
Re: Advice Needed for Musician being Screwed Over by Major Band
Creativity in songwriting should breed creativity in law. Unfortunately, a false attribution of credit claim has been diluted by the Dastar case but comments regarding copyright issues are indeed valid. The law is a bit murky in matters of joint copyright, but if your friend's attorney uses some paradigm busting, your friend could argue all sorts of possible actions: implied contract, unjust enrichment, constructive trust, false promotion (under the Lanham Act), conversion, a civil rights law (NY, at least) violation, not to mention an accounting for his share of income for copyright licensing. If it's a big band and the songs/CD are a big hit, you should definitely get yourself a tough litigator.
Re: Advice Needed for Musician being Screwed Over by Major Band
X,
There is no easy answer to your question without seeing the paperwork. This entire matter is a contract law question. Whatever papers you have signed in relation to your involvement with the group dictate what the group can and can not do with regards to the songs in question. The music industry is not regulated (no unions like SAG) so you must have your agreements reviewed.
Re: Advice Needed for Musician being Screwed Over by Major Band
This will also depend on if there was any contract as between the band members. Regardless, if this member was one of the music writers or contributors, there is a whole slew of copyright law that may govern.
Please call my office to discuss this matter more fully, if your friend feels they need to involve an attorney.
JDH, Esq.
619.298.1969
Re: Advice Needed for Musician being Screwed Over by Major Band
In the absence of a written agreement specifying that your contributions to the music/lyrics are "works for hire," you have the right to, and you should, register the songs with the U.S. Copyright Office and maybe sue for copyright infringement (registering the copyrights gives you additional legal rights). Even if you did sign a contract giving up your rights to what you wrote, who knows, maybe it won't stand up in court. Think about how you would go about proving who wrote what -- save any papers, notes, or emails on the subject. Then call a lawyer, make an appointment, bring any contracts or paperwork you have, and have a chat with him or her. Maybe consult with more than one lawyer. Hire the one who increases your comfort level and charges reasonable fees.
P.S. The use of your voice/performance on the Video Music Awards without compensation raises additional, interesting issues.
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