Legal Question in Entertainment Law in New York

Re: Replacing members in a band

Entitled? They could have a claim for trademark rights in the Band name. Trademark rights are gained by use, and if they used the name, they have rights. Will they try to use those rights or seek money? probably not unless the Band is very successful or they get a trademark lawyer.

Re: Replacing members in a band

It is not possible to answer your question definitively as in the event of litigation it is bound to become "he said she said." The key issues would revolve around the ownership of the songs, band name and other intangibles. Depending on the facts, the former members of the band may be able to prove the existence of a verbal partnership agreement that would entitle them to some financial compensation. Hence, the importance of having band agreements in writing. If it is still feasible, you may want to try to obtain releases from the former members to confirm that they have no claims and to acknowledge absence of certain ownership rights to copyrights, trademarks, etc. Of course, at this late stage in the game they might ask for something in return so that this document would need to be carefully negotiated. Contact a music attorney to get legal advice if you want to protect your band's assets.

The above reply is in the nature of general information, is not legal advice and should not be relied on as such.

Re: Replacing members in a band

If they are entitled, they would need to bring an action for quantum meruit. This is a claim made by someone who performs services in the absence of an agreement. That's the good news for the complainant. The bad news is that the amount of payment is dependent upon what the claimant deserves and this can be litigated until the cows come home, get milked and head for the pasture the next day. In other words, they can go to court or try to work out a settlement. I'd prefer to make love not war but I'm from the '60's.