How Much Do I Deserve For Building My Band's Brand?

[kayakorea13]

I am in a signed band with one great record under our belt. But all members of the band have either left the band or are preparing to do so, mainly due to creative differences. One member wants to continue to using the band name, but I feel like in order to do that, that member should compensate me for my years of hard work building the brand, not to mention the several thousand dollars I sank into the band to help us survive.  

 

Mainly, since the band formed many years ago I was almost the sole source of promotion, everything from postering to social media. I kept the band in the public eye with almost no assistance from fellow band members - even up to a few weeks ago. I was also the primary go-to man for radio interviews, media contacts, etc.  I was responsible for getting our music in rotation on net radio stations. 

 

Regarding money spent, the other members have no financial investment in the band aside from their instruments. I spent my own money however on band rentals, studio rental, transportation, merch, printing, etc. 

 

I feel that I deserve a certain compensation - at least for that work on building the brand which the sole remaining member wants to ride on if not some sort of insurance that I will get the money I invested back.  Actually the parties agree on this and the current consensus is that I would get a couple of points on the next album.  I guess the big question is, is a couple of points enough or is it even worth anything?  

 

Any thoughts? 

 

 

 

[john]

I would pretty well echo Tom's comment. Without documented evidence covering ownership of the brand it comes down to goodwill on the part of all concerned, or failing that arbitration or court.

What I would point out however isit would seem that if they want to build upon the brand it would be wise for the continuing band member and whoever the band is signed to, to progress without potentially strong future claims. ie that gives you some reasonable leverage for negotiation.

As far as I am aware (and I am not a lawyer so my advice is to be used at your own risk - more questions you should ask an entertainments lawyer) without a contract you all agreed to (I would be a bit surprised you went as far as becoming signed without the band becoming a legal entity), or a retrospective agreement that covers rights and percentages and what happens when either leaving the band or the band splitting up, a court would be likely to resolve this, but it would cost lots and take ages to sort out. Far better if it is agreed on friendly terms.

It is worth however considering that if your band mate didn't continue you get nothing unless your band mates feel baddly enough to dip in their pockets for cash you paid that they had verbally agreed to pay. Note your verbal agreement is virtually impossible to enforce legally, so what you get rests on goodwill.

The fact that you paid could have been for many reasons, but it has to be shown that the others substantially gained by your efforts but legally that is still in no-man's land.

There is also one other main point I would raise. That is, what is the value of the brand right now? You may have contrbuted thousands getting to where you got to... but if the band has few assets and hasn't been in profit.... what is it worth? Have you had the brand valued, or have you guessed? Assuming you do have a contract amongst the band members, then in terms of dues it has to relate to the business value.

If you did have a contract between you, how did it deal with costs? Were they meant to pay and didn't? Or did you pay because you wanted it more? What about any liabilities?

A couple of points of nothing is meaningless. How much is being invested and what plans are there to make those points actually worth something?

It is a bit like asking "how long is a bit of string?".

So, contractually or verbally, was there any plan on reimbursing you for the costs you incurred, and/or the time you invested? Without it it comes down to a mix of goodwill and concern over ongoing liabilities with likelihood of you going the distance and winning in court.

Who currently owns the song rights? Were you one of the songwriters? I would guess your publisher... but on the existing catalog are you contracted to receive royalties? Will the ongoing band be using that material? I know that is not directly related but thought I would mention it.

I will highlight:

If no one continues your brand building is worth nothing save that derived from sales that happen after the split with no one actively promoting your band... ie very very little.

The fact the your band mate will continue is the only tangible thing that makes it possible that it might someday be worth something at all.

So, don't be thinking you will get back remotely close to what you have invested so far.

If you don't have contracts and your band isn't a legal entity, saddly it is more of hard lesson to learn about the need for contracts based on clear and frank discussions and mutal agreement before investing all that you did.

So perhaps you should be glad you have the chance to recoup any of it at all?

If you are so attached to all you have invested, time and money, why are you not the one continuing?

just some thoughts and far from complete.