Legal Question in Entertainment Law in California

My ex-husband is a member of a successful music band. In our divorce settlement, I am entitled to 50% of the song royalties. The bands management had been handling the disbursement of the royalties for a commission (no contract in place for commissions). I recently exercised the option to receive my portion of the royalties directly from the music publisher. The bands management still wants me to pay them a commission. I�ve asked them to provide me with the contract or document that describes the commission payout�they say it does not exist. Legally, do I have to pay them a commission with no contract?

Asked on 7/07/10, 2:13 pm

2 Answers from Attorneys

Trezanay Atkins tmalaw llc

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Hello,

To answer this question, I'd like to review your divorce decree and the document(s) evidencing your exercise of the option to receive royalties form the music publisher. Moreover, I would also request that the band's management set forth in writing the basis of the commission payout. In my opinion, without reviewing those documents, no attorney could provide a solid legal opinion re whether your portion of the royalties are subject to an oral commission agreement. tma

Answered on 7/07/10, 5:52 pm

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