Legal Question in Employment Law in California
I was one of four vocalists with a local band for two years. During that time, I did everything required of an individual in a local band: I showed up to rehearsals and gigs on time, I wrote and performed a few solo songs, two of which made it onto a CD which went on to sell at shows and on iTunes and CD Baby.
The lead singer of the band also acted as the manager and, although we�d make $200-400 every gig, she kept the money in a �band fund� which was to provide cash for more CD reproduction, future CD recording, equipment repair and things of that such. She did this mostly without offering band members a choice of doing so. From my understanding, my cut of the money was put into the band fund to help the band with me as a contributing member.
However, the lead singer/manager recently kicked me out of the band. I wasn�t messing up in any way. As a matter of fact, the manager even admitted that I was easy to get along with, I wrote good songs that were individually praised by critics and I was the most professional member of the band, including herself. She told me that the entire band decided that my voice was too good and that I should move on from the band and be a solo artist. However, I believe it�s a matter of gender discrimination. The band is mostly females, and I was the only male vocalist. There is one other male in the band, the lead singer�s uncle, and he mostly plays guitar. He never sings on any of the recordings.
The band is now recording a new album without me and using the money that I helped generate for the last 2 years. I haven�t been given a dime. Not for my time, not for my labor, not even for the 2 solo songs that I�m the copyright holder of on the CD that they�re selling.
I only helped make money for the band with the understanding that I would be a part of it. I feel like the lead singer/manager forfeited that verbal agreement when she removed me from the band. I did not sign ANY written contract agreeing to let the band keep my share of the money, my copyrighted songs or any recordings with my voice on it in the event that I was removed as a member. I don�t think it�s right that the band keeps money that I helped generate and doesn�t give me anything.
Am I entitled to anything?
(I don't know if this will help or not, but the lead singer/manager actually made the band a BUSINESS in 2008 so that we could rehearse on the residential street she lived on.)
1 Answer from Attorneys
Yes, the use of your voice and copyrighted songs without your permission in writing is illegal.
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