Legal Question in Entertainment Law in California

Continued use of Band Name after release from label

I am in a band that was signed to a record label for 10 years, there are 3 band members and we completed our recording agreement by delivering 3 albums. The record label has released us and we have no further commitment to the label. We are free and clear to pursue another record deal using our band name. I am the main songwriter in the group and have recorded the basic tracks to a new album. At this point I have negotiated a possible deal with another label, but the other two band members have not shown any interest in pursuing the new options, stating that they are unsure if they want to continue at this time. The new record label wants to capitalize on the band name from the last 3 albums. The existing band members have no agreement between each other, written or verbal. Other than the fact that we were once signed to a record label and delivered 3 albums, there are no existing agreements. I have been very upfront with the two other band members about pursuing the new options. At this point, I have secured a new line up of musicians who are ready to perform. Here are my questions: 1) Is there a ''perform or quit'' letter I can use? 2) Can I use the band name? I am trying to be a fair, but the opportunity is now. Thank you.


Asked on 10/11/04, 6:50 pm

2 Answers from Attorneys
Terri DiPaolo

Re: Continued use of Band Name after release from label

I can help you, but I can't answer these questions for you in an e-mail...First I have to know who the band is so I can confirm that I have no conflicts of interest. If you'd like to talk about it feel free to contact me.

Read more
Answered on 10/12/04, 1:31 pm
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: Continued use of Band Name after release from label

I would counsel you to obtain representation to enter negotiations with the other band members regarding any claim of right they may have to the band's name. This would avoid risk of litigation in the future. Did the band have a manager? If so there may be already some provision regarding the name in the band's contract with the manager. Call me directly at (619) 222-3504.

Read more
Answered on 10/12/04, 2:16 pm


Related Questions & Answers

More Entertainment & Sport Law questions and answers in California