When a Band Breaks Up: Legal and Ethical Considerations for Performing Band Music
When a band breaks up, it frequently raises questions about legal and ethical responsibilities, particularly regarding intellectual property rights and royalty payments. This article explores the key factors involved, delving into copyright ownership, performance rights, band agreements, and trademark issues to provide clarity on the situation.
Copyright Ownership and Royalties
Copyright Ownership: Generally, the original songwriters hold the copyright to the songs they wrote. If the songs were co-written, the copyright is usually divided among the writers according to their agreement. In this context, if an ex-member performs a song they co-wrote, they may not have to pay royalties to the other members. However, any earnings from that performance must be divided according to the terms of their agreement.
Performance Rights
Performance Rights: Performing a song publicly typically requires a performance license, which is often managed through performance rights organizations (PROs) such as ASCAP, BMI, or SESAC. These organizations collect royalties for songwriters and publishers whenever their music is performed. If an ex-member performs the band's songs, they would generally need to obtain the appropriate licenses, which would then distribute royalties to the copyright holders.
Band Agreements and Royalty Sharing
Band Agreements: Many bands have internal agreements detailing how royalties and profits are shared. These agreements are crucial in determining whether an ex-member owes royalties to the others when performing the music. Failing to adhere to such agreements can lead to disputes and potential legal action. However, the primary focus remains on the copyright law and the terms agreed upon by the band members.
Trademark Issues and Naming Rights
Trademark Issues: If the band has a trademark on its name, an ex-member may not be able to use the band's name or branding without permission, potentially leading to legal issues. It is advisable to consult with a legal expert to understand the specific implications of using the band's name or trademarks.
Writing Your Own Songs
If you are the writer of part of a song, you are entitled to perform, use, and record the song, using the melody or lyrics you wrote, but not necessarily the chords, bass line, or specific drum beats. If you wrote any of these elements, you can use the songs for your own performances.
Record Deals and Co-Writers
However, if you get a record deal, you must list the other songwriters and give them a share. In the absence of a contract, it would likely be an equal share. It is essential to notify the other members of your actions so they can take appropriate steps. If a record deal is involved, the correct performance rights organizations and publishers must be affiliated, and the co-writers must sign up accordingly. The royalties are then split based on these agreements.
Public Performances and Royalty Payments
Regarding public performances, an ex-member does not have to pay royalties, but they must adhere to the rules set by performance rights organizations and the terms of any existing agreements. They must also share any earnings from CD streaming, downloading, sheet music, radio, and TV airplay with the copyright holders. These parties need to affiliate and sign with the appropriate organizations to benefit from these payments.
Conclusion
In summary, while ex-members may not have to pay royalties directly to other members for performing the band's music, they must comply with copyright laws and any existing agreements regarding royalties and performance rights. If you wrote any part of a song, you can use it for your performances, but a record deal would require sharing with co-writers. Always inform and collaborate with co-writers for the smoothest transition.