Check out this inspiring quote from KISS drummer, Peter Criss:

“I've known Gene and Paul for 27 years, that's a long time.
We really know each other like brothers. We make magic.”

That’s great Catman, but what happens if the “magic” ends and you are no longer “brothers”?  Unfortunately, for many bands, the magic does indeed die and members leave or the entire band breaks up.  Who gets the band-owned equipment?  Who owns the band name?  How is a leaving member compensated for band merchandise, CDs and other items in the inventory?  Does the leaving member get compensated at all?  What about advances and royalties?

If your band has a well-crafted band agreement, these and other questions may already be answered, saving your band time, money and stress.  The best time to plan for the end of your band is at the beginning of your band, when things are (presumably) going well and everyone is happy and “brotherly”.  This is why having a band agreement should be your band’s first order of business.  Think of it as a band’s prenuptial agreement.

A band agreement should address topics such as how someone may “leave” the band.  Indeed, not all departures are voluntary (where a member simply resigns); the band agreement can provide for the method of expulsion of a band member, otherwise known as leaving involuntarily.  The agreement may set forth reasons for expulsion such as the use of alcohol or drugs while engaged in band performances or other activities that interfere with the obligations and business of the band.  The leaving member clause may address that person’s proportionate share of royalties, commissions, licensing fees and generally his share in the net worth of the band entity.  The agreement may also provide for the required method of dispute resolution in the form of an arbitration or mediation clause so as to attempt to resolve disputes without proceeding directly to court with a costly and time-consuming lawsuit.

Other areas that may be addressed in a band agreement include the method for evaluation and distribution of band property, addition of new band members, the maintenance of band accounts and records, band meetings and voting rights or requirements, publishing administration and division of publishing revenue and ownership of recorded compositions.

These are just a few of the topics to be addressed in a band agreement.  For more information on band agreements and other music law topics that are essential for your band’s business, visit www.myspace.com/rocklawyers.  Whether you choose to do-it-yourself or seek the assistance of a qualified entertainment lawyer, now is the time to create a band agreement.  And remember, don’t just talk about it, put it in writing!  Until next time, ROCK ON!

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