ATTENTION ALL BANDS!
INTER-BAND AGREEMENT
Arguably the most important contract a successful band will ever sign is the one between its own members. Surprising, then, that organising one is so often overlooked, even by lawyers busying themselves negotiating lucrative recording, publishing and other deals for groups.
But consider: what do you do when your lead singer announces on the eve of your first major tour that he's quitting the band?
How do you react when two or three band members suddenly declare that they're leaving to set up a new group; oh, and by the way, they're taking the name of your existing group with them...?
Or one of the band members suddenly decides that he or she ought to have a bigger share of the group's earnings, and is going to be awkward unless and until you agree?
And what do you do with a band member who's no longer pulling his or her weight in the band? Can you sack them? What claims might they have against the band if you do?
And what if you are the expelled member? Do you have any rights?
These (and others like them) are very familiar scenarios to music industry lawyers, some of whom do very nicely out of the disputes and court cases that sometimes result from them.
Once members of a band go into battle with each other, it is generally "game over". Even successful bands often find themselves unable to withstand the financial and emotional pressures of internecine warfare. And you'd be amazed how quick record companies can be to distance themselves from a band at the first sign of trouble.
Whilst nothing in this life is foolproof, an agreement entered into by band members with each other is often a successful preventative measure against subsequent fall-out.
Obviously, differences (musical or otherwise) can and do arise, and as in any personal relationship nerves can fray and rifts can appear, but help is at hand.
An inter-band agreement generally does three things:
- it promotes respect between band members, who come to realise (if they didn't already) that they are in a legal relationship with each other, meaning they have rights and obligations affecting each other;
- it often has a deterrent effect against a band member thinking of rocking the boat; and
- if the worst happens and there is a serious split, it provides pointers as to what happens next and what everyone's rights and obligations are in those particular circumstances.
We can draw up a relatively inexpensive contract specifically for your band which deals with these and similar issues, and which may help you avoid career-threatening problems like these in the future.
Please complete the Reply Form, for more information and a price quotation without obligation.
PLEASE NOTE: The inter-band agreement will be drawn up in accordance with the laws of England and Wales, and will be expressed to be subject to those laws. If you are responding from, or are based, or operate, outside that jurisdiction, please note that it is your own responsibility to take local specialist legal advice on the effect (if any) and interpretation of the agreement under your own legal system. No responsibility can be accepted by Leonard Lowy & Co. in respect of any use or application of any inter-band agreement outside the legal jurisdiction of England & Wales. We shall be entitled to rely on information received from any one band member as reflecting the instructions of the entire group, unless otherwise notified to us in writing prior to commencement of work. This inter-band agreement is not suitable for bands in which there is an existing and unresolved dispute between members. The provision of an inter-band agreement is a service to the band as a collective unit only and does not constitute acceptance of instructions from or the creation of any solicitor/client relationship with any individual band member. Each band member is hereby advised of his or her right at any time (at his or her own expense) to take separate and independent legal advice on his or her legal position as a member of any group and on the personal implications of entering into an inter-band agreement. We reserve the right to decline or terminate any instruction if we believe that a conflict of interests exists or may arise.