Legal Question in Entertainment Law in Texas
when musicians leave a band
there was a 4man band that was doing well---tour 2003 and lots of gigs---except for the guitar player---did not practice--always blamed mistakes made on stage on other players--also guitarist mother was manager--other 3 musicians told guitarist they could not take it anymore--he had to go--mom(manger) was upset---majority rules was her song before when other musicans left---but not now---took out a DVA against remaining musicans--can't use guitarist guitar lines in the 12 songs they have---can't use band name---not that they want to----what recoarse do the remaining muscians have against this manager?
2 Answers from Attorneys
Re: when musicians leave a band
who formed the band?
who wrote the music?
When musicians leave a band
Howdy:
Also, was there some kind of organizational agreement for the band? And, as asked, who wrote the music will depend on who has the rights to it. If the guitarist wrote the songs, then he probably owns the copyright and you won�t be able to use the songs.
Regarding the name, were the mom and the guitarist the founding members of the band? Did they come up with the name, or was it a collaborative effort?
Oh. After rereading the question, it appears that the songs were collaborative, and that the guitarist contributed some identifiable lines in the various songs. And, now the mom says you can sing the songs, but not his lines? Hogwash!
The song is an entire unit. One writer cannot stop the use of a part, and if there were several writers, I would suspect he couldn�t stop the use of any. But, he will be entitled to a share of the copyright compensation.
Also, you indicate that you might not want to use the group name or songs? Or, maybe just the songs? So, what exactly do you want? You ask what recourse you have, but it is someone non-specific. If you want to get rid of mom and guitarist, and then go do your own thing, she/they can�t stop you.
Hope this helped.
rkr
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