Many bands that form start out as just good friends. This is probably the best time to draw up a Band Members Agreement, when every one is on good speaking terms. Few members of a band start their music careers considering the nitty gritty of which member is entitled to what proceeds from any sale pertaining to the bands musical works. However, any band trying to make a living in the music industry by definition is a business matter. There is a music contract, which can be drawn up to protect each member of the bands contribution to its commercial success. It is known as a "Band Members Agreement".
Unfortunately, such music contracts can be viewed as being akin to a prenuptial agreement prior to a marriage. This may be uncomfortable to certain band members, but bear in mind couples, I hope, marry for love. Moreover, a marriage agreement is a legally binding contract in its self. I would assume that most band members at least are not in love with each other!!! Thus, just like in a work environment you have work colleagues who are friends but all have their own employee contract with their respective company, institution, organisation etc. You might even employ them.
Thus a Band Members Agreement outlines the responsibility and expectations of all band members towards each other. It can also be viewed in a similar way to a will in that it plans in advance who gets what in the event of something dreadful happening. Sounds a bit heavy for most musicians I have met and tolerated. Well you know, sex, drugs and rock n roll my friends.....Oh, please!!!
A little voice in your mind might be saying "Why bother with all that stuff until we have a record deal or something like that? Well I might have had sympathy with that view in my younger days. Now I am older and the Internet is here. What If you don't get a record contract and decide to go it alone using MySpace, Amazon, or createspace.com. If you start selling units of your tracks as mp3 downloads how do you decide who has the rights to receive profits from the sales. Also, in what percentage terms should that be worked out between the band members?
Recently, whilst uploading one of my tracks for sale on Amazon.com via createspace.com I was very interested to find a form that asked for information regarding which parties should receive royalties from any sales? Now have I got your attention? If I haven't and you are in a band there may be trouble ahead.
So what is this music contract known as the "Band Members Agreement?"
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