Is an entertainment lawyer needed?

franksnbeans · July 19, 2013, 05:11:27 PM

Here's the story, what do you think.

I was in a band and recorded an album together. There was a contract signed by a member with a label to release cd's. The member signed as the band. I left the band. The cd was released afterward. I have the suspicion that the current person playing the same instrument I played in the band is the one whose accredited for playing that instrument on the cd. There was a tape released before I left the band of the same recording with my name on it. If this is so, is it worth pursuing?

RAGER · July 19, 2013, 05:12:32 PM

No. Why?

Chovie D · July 19, 2013, 05:14:47 PM

is there more money to be made by suing than you will spend on the lawyer?

unless you are the songwriter and the recording is a world wide hit, I am guessing no.

franksnbeans · July 19, 2013, 05:28:18 PM

The album got lots of good press. I think the songwriter part is different. I wrote the parts for my instrument and helped with the arrangements.

Rager: It just seems messed up to me. Is this normal band behavior? If so, do you have any examples?

RAGER · July 19, 2013, 05:36:03 PM

Quote from: franksnbeans on July 19, 2013, 05:28:18 PM
The album got lots of good press. I think the songwriter part is different. I wrote the parts for my instrument and helped with the arrangements.

Rager: It just seems messed up to me. Is this normal band behavior? If so, do you have any examples?

it honestly seems pretty normal dickish behavior to me. I wouldn't even bother. i would be pissed though but there's nothing you can really do. If the dude is ok with taking credit for your playing then feel good that he's a total fucking poser.

Chovie D · July 19, 2013, 05:45:54 PM

Quote from: franksnbeans on July 19, 2013, 05:28:18 PM
The album got lots of good press. I think the songwriter part is different. I wrote the parts for my instrument and helped with the arrangements.

Rager: It just seems messed up to me. Is this normal band behavior? If so, do you have any examples?

the songwriter is the person who gets money for any success the song may have. if your name is on the ascap or bmi, and the song has grossed over five figures...a lawyer might be worth your time and money.

as for playing your parts on an album, I'm not sure your performance is copyrighted...but even if it was, im not sure you could show any monetary damages or loss from it's use. You are not entitled to royalties unless you wrote or co-wrote the song.

If I remember correctly, you are a drummer? Chad Channing gets nothing for drumming on Bleach..in fact they still owe him the $500 he loaned Nirvana to have it recorded.

disclaimer:I am not a lawyer.

franksnbeans · July 19, 2013, 05:51:58 PM

"as for playing your parts on an album, I'm not sure your performance is copyrighted...but even if it was, im not sure you could show any monetary damages or loss from it's use. You are not entitled to royalties unless you wrote or co-wrote the song.

If I remember correctly, you are a drummer? Chad Channing gets nothing for drumming on Bleach..in fact they still owe him the $500 he loaned Nirvana to have it recorded.

disclaimer:I am not a lawyer."

I played the drums on the whole album and was the only drummer on the album.

RAGER · July 19, 2013, 05:52:20 PM

I remember reading that in the Jason Everman article

Chovie D · July 19, 2013, 06:03:39 PM

in order to be credited as a song writer your name needs to be on the ascap or bmi agreement.

your performance on an album means nothing legally.

I think.

I was in a band with a guy and we wrote a bunch of songs together. The band didnt work out and the songs were never used. He decided to record and release them on one of his other bands albums and gave me credits both within bmi and on the cd. Thats the polite and ethical way to roll.

drummers are seldom given any writing credit. we can rage against that but thats how it is. They seldom come up with melody or lyrics and the basic meter of the song is decided most likley as the song is being written so most songwriters dont think to give thme credit.

none of this matters at all unless the song has made any money.

Id be interested to hear what an attorney would say if you do talk to one.

maybe you could call the local college law school and see if any grad students do pro-boner work?

franksnbeans · July 19, 2013, 06:27:42 PM

Well, I have proof of my name in the band and on the recording from the tape that was released by the band when I was a member.

I'm thinking of the statute of limitations. The cd was just released for something we recorded nearly two years ago. It may make money at some point.

It's weird, but when I emailed the label, the label said they would send me a cd, then when I emailed back to them in the same string of emails if my name was on the cd credits, I heard nothing back. I'm still not sure if my name, or anybody's name is on the credits for any of the album.

Maybe I'll wait to see the cd before I call a lawyer.

Chovie D · July 19, 2013, 06:37:39 PM

well before you call a lawyer, Id suggest doing a little research online about copyrights.

You dont need to prove anything. You just need your name on the copyright. If it was on there, you would know because youd be registered with bmi or ascap.

Its a dick move what they did to you, but i dont think you have any legal recourse. I say this only trying to be helpful, not discouraging. Look into it some, its pretty interesting.

To me it sounds like youre more interested in being credited for your performance than for receiving any money. I think that could ONLY be worked out thru the band, not thru a lwayer.

best of luck.

btw, i have a few copyrights and have never recieved a single dime from bmi or ascap. I dont think they even begin to tally until you reach a certain level of airplay or sales.

can you not google the cd cover/back image to see if your name is on it?

another btw, I do studio work occasionally. They always say they will send me a cd, they rarely do. Last thing I played on they credited me for the wrong instrument!

moose23 · July 20, 2013, 08:59:44 AM

There's performance royalties over here as well as writing royalties. No idea if that's the case over your side.

Metal and Beer · July 20, 2013, 10:08:30 AM

More like LOLywer, amirite?

VOLVO))) · July 20, 2013, 11:19:52 AM

Wait, this isn't the most recent band... With the really good album... Right?

neighbor664 · July 20, 2013, 12:11:31 PM

Quote from: Chovie D on July 19, 2013, 05:14:47 PM
is there more money to be made by suing than you will spend on the lawyer?

unless you are the songwriter and the recording is a worldwide hit, I am guessing no.

This.

I checked the copyright data base for you. No copyright is on record for that album, regardless of who should be credited.
This is the only thing on record as credited to your name.
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?SC=Author&SA=James%2C%20Benjamin%20David&PID=wKz6pIhMuGrSwxOEKavT3TMeeXXmY&BROWSE=1&HC=1&SID=9

franksnbeans · July 20, 2013, 12:41:57 PM

Quote from: SunnO))) on July 20, 2013, 11:19:52 AM
Wait, this isn't the most recent band... With the really good album... Right?

Yup sunno. They kicked me out months ago. The bass player left then too because he thought it was wrong.

franksnbeans · July 20, 2013, 12:43:34 PM

Quote from: neighbor664 on July 20, 2013, 12:11:31 PM
Quote from: Chovie D on July 19, 2013, 05:14:47 PM
is there more money to be made by suing than you will spend on the lawyer?

unless you are the songwriter and the recording is a worldwide hit, I am guessing no.

This.

I checked the copyright data base for you. No copyright is on record for that album, regardless of who should be credited.
This is the only thing on record as credited to your name.
http://cocatalog.loc.gov/cgi-bin/Pwebrecon.cgi?SC=Author&SA=James%2C%20Benjamin%20David&PID=wKz6pIhMuGrSwxOEKavT3TMeeXXmY&BROWSE=1&HC=1&SID=9

Thanks Eric. Does this mean I can get a copyright on the album myself?

neighbor664 · July 20, 2013, 01:02:15 PM

I s'pose. Is it worth it to you to spend $30 and giving away two copies of the album plus shipping?
It would really only benefit them. What do you hope to accomplish?
Rest assured, they aren't making any money either.

VOLVO))) · July 20, 2013, 01:09:14 PM

That's fucking lame, what reason did they give you?

franksnbeans · July 20, 2013, 01:20:26 PM

The singer insisted I did not like him, and kept insisting. I tried to reason for days then he said he did not want to be my friend any more.

VOLVO))) · July 20, 2013, 01:21:12 PM

Hahahahahahaha. Best band firing story, ever.

franksnbeans · July 20, 2013, 01:25:21 PM

Furthermore, the singer and the guitar player were my roommates at the time.

A team effort by narcissistic douchebags.

franksnbeans · July 20, 2013, 01:30:15 PM

insistence of hate breeds hate

anyway, the label got back to me and I am in the credits for playing my instrument.

VOLVO))) · July 20, 2013, 01:31:50 PM

At least you're going to get the credit. Sorry you got the shaft, man, you're good people, regardless.

franksnbeans · July 20, 2013, 01:34:02 PM

I try to be.