Legal Question in Entertainment Law in California

I have a record that I am wanting to release, but the main guitarist is a Grammy-nominated artist who has a criminal background and an opiate addict, that was fired from any future performances with me. There were no documents or contracts signed regarding the intention to release the album. Does that guitarist have Any rights to sue for royalties or Anything to do with the release of this album? If so, what can b done to avoid or protect me from any legal matters?


Asked on 10/23/11, 10:18 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

If you don't have his permission, you have no right to "release" or copy his performance, or any music or lyrics he might have written. You should have got his signature on a contract before you went into the studio. Possibly if you can prove you paid him you could argue that the performance/music/lyrics was a "work for hire," but that would involve him suing you, your hiring lawyers, and other messy stuff. Also, no legitimate record company is going to touch the situation with a ten foot pole. There really is no alternative to negotiating with him and getting his signature on a contract -- a real contract, one you paid an attorney to draft.

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Answered on 10/23/11, 1:07 pm


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