Question about rights, royalties, and people re-recording your stuff.

[shoju]

Some of you may know, some of you may not know, I was in a band for the better part of my early and mid 20's. We recorded a full length album, had solid work done on the second album, and were working hard to try and make a name for us.

We'd played some nifty shows, and were starting to get noticed, and then it all fell apart. Our Drummer decided to go to the Marines, Our guitarist absconded to Alabama with a select few pieces of our gear (to sell as gas money along the way), and shortly after this, I decided it was time for me to move on. I had hree kids, was trying to finish up my degree, and while I and the Singer/Guitarist were the founding members of the band, I really never got over losing our drummer, who had become my best friend.

So I left. I don't regret it. I finished my degree, I'm still married (that'd be debatable if I were still in the band), I have great kids, and some killer memories.

Well, the Singer/Guitarist has reinvented the band, 7 EDIT 9 (wow I feel old now) years later. He has one of the old Guitarists with him (we had a revolving door at guitar for a while), and the drummer who replaced my best friend. I was asked to be a part of it, and I declined. It's just not something I'm interested in going back through that right now.

They want to go back into the studio, re-record some of the old tracks, with a few new tracks, and release it, and try to make a go of it. He has asked for my permission to re-record some of the songs that I cowrote. My initial urge was to say "How about you write some new stuff, and leave the old stuff alone?" But, I've been thinking about it, and really? As long as credit is given as being an author of the song, why do I care? I love the songs (well... ok, most of them) that we recorded.

As long as credit is given, and (if something were to "happen") any royalties handled, Should I really care? Or am I just being grumpy about it?

[Mavfin]

As long as credit is given, and (if something were to "happen") any royalties handled.

(obligatory IANAL here. Tris, you lurking anywhere around?)

I would just say make sure you get credit and your part of any songwriting royalties if that happens, and let them have at it, but, I wasn't in the band with them, so, only you can really answer it.

If they don't want to do the above, then tell them you won't give permission to play the songs you cowrote. They'll have to use the ones you didn't help write.

If you want an agreement, make sure it's in writing, and have it reviewed by a lawyer.

[cheezz]

If you want an agreement, make sure it's in writing, and have it reviewed by a lawyer.

As Judge Judy would say-"If you have an oral agreement involving money and it's not in writing, you have no agreement."

My question is this- are the songs copyrighted? If so, by whom? If it's not your property, then you may not have a say in what happens with it.

[shoju]

They are copyrighted. I am listed as Co - Author on many of the songs. They were written as a band. Behind closed doors, we'd tell you that this song was so and so's, and this song was so and so's, but we copyrighted them as a trio, since we had a revolving door at Guitar. Even if a song's hook and words belonged to one person, the other members wrote "their part" for the song, hence why we copyrighted it as we did.

I'm hesitant to want to involve an attorney, as I don't think it needs that. I'm thinking about just hammering out a written agreement, and getting it notarized. I really hope that it works out for them. For me? I just don't have the desire to go back through that again. I write stuff at home, and have thought about picking up some cheap recording equipment so that I can start tracking stuff together, but I'm in no way shape or form interested in going through all of that again.

[Mavfin]

I'm hesitant to want to involve an attorney, as I don't think it needs that. I'm thinking about just hammering out a written agreement, and getting it notarized.

My advice is don't do any agreement w/o having an attorney review it for holes. There will be new people that you may not know involved with your 'old' band, and they may look for ways to get around any agreements you make. Sure, perhaps you can trust your old friends (only you know on that), but, there are also going to be people you *don't* know involved.

Whatever path you take, good luck!

[Occhidiangela]

Consult with an attorney. My daughter has a few songs she is part creator on, though they'll never make any money (because they suck. I am her dad, I can say that with utter candor). However, she and her cowriters retain the rights, and if anyone wants to use a sucky song on an album or tv show or movie, they will receive royalties.

Protect yourself. Part of it is just the principle of the thing, the other part is .... if they make it, your royalties ought to be coming in.