In need of LEGAL advice - PLEASE help

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Praetorian380

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Hello my fellow freaks friends

I really need help guys and gals

I am in need of some legal advice and have no idea where to start. I figured what better place to ask for some advice than from my friends on the Freaks boards which I frequent so much :) I know there is a lot to read, but if you could bare with me I would really really appreciate.


My problem is this:
Basically I was in a 3 piece band. 1 guitarist who sings, one bassist and myself playing drums. We are currently in the process of recording a full length album. So far the drums, guitars, and half of the bass tracks have been completed. that was until last Wednesday when our the guitarist/vocalist decided to kick myself and the bassist out of the band.

He now plans on continuing to finish the album without us by attempting to record the bass parts himself then finish with his vocal tracks and master the CD. After finishing the CD he plans on getting a new drummer and bassist, then sell the CD, market it, and shop it around to music labels in hopes of getting signed.
As Im sure you would guess, I am definitely NOT ok with this. I am not ok with him taking my creative influence and what I came up with musically and try to make money off of it and get signed by a label with it. As far as I am concerned, if he wants to continue playing the music he can start over without any of the music I or the bassist recorded or had influence on. It just makes plain sense to me. If the band is breaking up, then the music is too. Plain and simple.

What I want, is to require him to remove the drum tracks from the album and not use anything that I have come up with on drums, nor reproduce it, recreate it, or have anyone else step in and play what I played. If that is not possible then I would like to require him to give me a percentage of anything he makes off of the music that I helped create, whether that be from CD sales, or if he were to get signed, I’d receive royalties or residual income from the signing and use of the music. I realize that the music may never go anywhere, but in the slight chance that it does, I want to protect myself and my investment that I made for the last 4 years of my life.
What I want to get advice is how to go about getting this done. Is it even possible? Is it just wishful thinking for me to think that I can do these things? I don’t know if I should have a contract written up specifying this and have myself and him sign it? Would that work? I have no idea of how to go about protecting myself. Ive done the poor mans copyright by mailing all music, photos, and videos we’ve been involved in, back to myself with through registered mail with time/date stamps on it sealed by the post office.
The other thing is, well, quite frankly, Im pretty broke, so spending as little money as possible would be very helpful. But I do realize that this may not be something I can avoid.

Sorry if I rambled on too much, Im just really upset about this whole thing and have no idea where to start and what my rights and his rights are concerning this. I really appreciate any help, advice, or direction any of you can offer.

I just overall need some advice from a legal source who has experience with this. And I would like to get some feedback from all of you, my friends, here on the boards.


Thank You you all so much
 
Why don't you and the bassist get another singer and do the same thing?

You should contact the Bar Association in your state. They should be able to recommend you to some attorneys who practice that area of law. I know a little about copyright law and you should definitely be seeing an attorney. (or wait to see if the guy makes $$$ off your recordings and then bang him with a suit).

Just a thought. :wave
 
A poor man's copyright will never stand up in court. The fact that people still do that waste of time boggles my mind.

In any regard, my only advice to you is this- You guys should have signed a contract before the start of your recording and since you didn't the only thing you can do now is get a Lawyer, one that deals with the music industry and the profession.

Besides pulling a crow bar out on this guy and beating him you are basically screwed. You can take comfort in knowing that it's very hard to make it anywhere in the music business so your cd will probably stay on the ground...especially since this dude doesn't even have a band anymore.
 
Why don't you and the bassist get another singer and do the same thing?

You should contact the Bar Association in your state. They should be able to recommend you to some attorneys who practice that area of law. I know a little about copyright law and you should definitely be seeing an attorney. (or wait to see if the guy makes $$$ off your recordings and then bang him with a suit).

Just a thought. :wave

Ive actually joked about doing that - cause thats basically what he is doing......it wouldnt be any different
 
Poor man's copyrights do still work and are admissible (though I never heard of that being done with recordings. Usually that method is for issues which arise between composer and publisher - ie music scores). :lecture

However, really since you don't stand to loose any money unless he actually makes money, there prolly is not a whole lot you can do for now.
 
There has not been one single legal case where a poor man's copyright has done any good. Furthermore they are not admissible because they can be faked ,tampered with or forged. All you have to do is either steam open the envelope or send it empty and unsealed in the mail and fill it later when your need arises. It's just ghetto. If you want it done properly you pay the fee and sign the necessary documents- then and only then will you be protected in a court of law. :lecture


By the way, finding a new singer/guitarist isn't a bad idea. You can beat him to the punch.
 
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Hey not sure where in CA but I would say call this radio show. Its on a independent radio station. Its done by Joe Escalante who was in the Vandals and was also a practicing lawyer. I have heard this part of his show a few times and he gives from what I can tell pretty good advice and is straight with the callers. It Friday from 9am to 10am.





https://www.indie1031.fm/1352_barely_legal.php?id=26
 
Hey not sure where in CA but I would say call this radio show. Its on a independent radio station. Its done by Joe Escalante who was in the Vandals and was also a practicing lawyer. I have heard this part of his show a few times and he gives from what I can tell pretty good advice and is straight with the callers. It Friday from 9am to 10am.





https://www.indie1031.fm/1352_barely_legal.php?id=26

Im up in the bay area though so I dont know if its broadcasted up here
I'll check out the website and get the scoop
 
That dude is an ass.

My band is like family man. If one of us ever tried to do what that guy did....there would be hell to pay. :maul

Yup, a ass beatin'.

"Sorry officer. He was walking across the room and tripped on that drum stand and fell into his stack, we didn't ram his head into it"

Hope you get it worked out. Lead guitarists and vocalists have huge egos, even if they suck. And someone that does both is even worse.
 
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