Legal Question in Entertainment Law in California

Re: Music royalties

It amazing how people get intellectual property matters so wrong when there are so many resources available to help them get it right. This "head" of the band is dead wrong on so many levels.

Trademark law nothing do to with drum tracks. Trademarks are business names, slogan, logos, etc. The correct area of law is copyright. And yes, your son has a copyright (legal) interest in the the songs on which he performed. Under the law he is considered a co-author, a co-owner. And unless he has signed away IN WRITING his legal rights in and to those copyrights, there's nothing the "head" of the band can do about.

As far as his compensation, a royalty structure can be set up or the "head" of the band can buy out your son's interests through a copyright assignment agreement, or as it is sometimes called a "sideman" agreement.

There may be other business issues! If your son is a regular member of this band, it may be considered a general partnership under the law, which takes your son's rights and responsibilities to a whole new level. He may have an interest in other assets of the band partnership, like band-owned equipment, the band's name (or trademark), etc.

Good luck...

DS

Re: Music royalties

Your son should not allow this to happen. This is mutually made artwork, the band leader could not have made this music without your son.

Your son does have a right to share in any and all royalties of songs the band records using him as the drummer. Any song that subsequently sells with him as the drummer is his IP as well as the other band members.

Absent some other agreement, such as work made for hire, your son owns part of this copyright, and should absolutely protect his rights by hiring counsel.

JDH

Re: Music royalties

While my colleagues are generally correct in their assesments, it's important to note that typically, the "songwriters" of a piece of music are those who wrote the melody and the lyrics. As a practical matter, this often leaves the drummer, bass player, etc. out in the cold.

The analysis is more complicated than the other answers suggest. The threshold question will be whether your son's contribution to the songs represents ORIGINAL expression. It has been said that rhythms and 'beats' are not sufficiently original to warrant protection as a copyright holder.

Nevertheless, the band needs to get the business aspect of their collaboration cleared up so that this kind of thing doesn't continue to be a problem.

I can help. Feel free to give me a call.