Legal Question in Entertainment Law in New York

Do I still get 3%?

I signed a contract for an album where the language refers to us as a band, but all 5 of us signed it. We published and copyrighted it in our 5 names as well. I know that i will get songwriting royalties through ASCAP, but the label promised us 15% of copies each pressing or 15% of net profit from them (however that is figured)

I have left the band. In future pressings, do I still get 15% of the pressings or profit? Also, can this change is the contract is bought by a larger label? The label in question is closing and a major label is looking to buy the rights from the old label. How can ensure that if I am entitled to something under the original contract that I get it from the new label?

The band is from NY, the label is in NJ, but the contract was signed in NY, if that makes any difference.

btw, I have a .pdf copy of the contract if you would like to see it


Asked on 9/08/06, 4:23 pm

2 Answers from Attorneys
Adam Hirshfield Adam E. Hirshfield, Esq., PLLC

Re: Do I still get 3%?

The first thing you can do is contact the attorney who represented you when you signed the deal. If that's possible, he or she might be able to give you a quick answer. Secondly, take a look at the contract, buried somewhere in the back is probably a "leaving member" clause that sets forth what happens when someone leaves the band. As far as another label buying your band's contract, what happens may depend on a number of factors that are too complicated to get into here. Additionally, I think you may be conflating a few issues here. If you can't get in touch with your original lawyer (tell me you had representation on this deal), feel free to email me. I'll try to help you out. Adam

Read more
Answered on 9/08/06, 4:42 pm
Steven Mark Steven Paul Mark, Attorney at Law

Re: Do I still get 3%?

Hi Adam:

You may be mixing apples and oranges and copyright. The best thing to do would be to start with your original attorney if you had one. If one attorney handled the entire deal, you should consider retaining another attorney who can review your agreement, get more information on the entire back story, including what your current relationship may be with the band members and then a strategy. NY law would apply unless the contract specified otherwise. Calls regarding possible representation are not billed.

Read more
Answered on 9/08/06, 5:57 pm


Related Questions & Answers

More Entertainment & Sport Law questions and answers in New York