Relationship between members of the band

TheDrumster

Senior Member
I play in a band that plays primarily originals written by "Mike," one of our guitarists. We will be recording a CD of originals this summer. So far, we have shared all common expenses of the band and have shared proceeds from gigs. I believe we will also be sharing the cost of recording the CD, although this has not yet been discussed. To this point there has been no discussion of our relative rights regarding the original material, or within the band in general. I am in this band primarily for fun and I recognize that Mike is the band's leader and his material is the reason we exist as a band.

I understand that, as a group, we can agree to whatever we want. My question is what do others in this community do? Is anyone in a situation where one person writes everything yet proceeds from CD sales are shared equally? What about when the band eventually breaks up?

If I were a pro, I'd insist on a contract and have all terms spelled out. But I'm not so I'm really looking for perspective on what others do in a similar situation.
 
Well, in my case we split everything equally. I think that this is the way to go. It is much more fun being in a band where everyone is valued the same. Maybe your guitarist writes most of the stuff, but then maybe another guy books shows, or handles your home page, facebook etc. anyways. As long as this Mike guy sees you as a band, and not his solo project, where the rest of the band is just playing his songs live, i think that you should split everything.

That is just my opinion. However i don't know everything about your situation. But a good advice is to discuss this ASAP. I imagine it can get ugly to discuss stuff like this later on.
 
Never underestimate the greed and selfishness of another human being. These matters should be clear and in writing. Are you just a studio musician or do you want royalties? You have to make clear to Mike and the others what your intentions are and get an agreement in writing. You can't just take people at their word. Not in today's world. I'm jaded though. :)
 
Very few bands do an even split,when original material is involved,unless they put it in writing that they all get equal writing credit.Don't assume that just because you're having a good time in this band,that if there's money to be made.you'll get an equal share.It's great that you all get along,but that can change in a New York minute.

The music business..(yes it's a business),is built on contracts,managers,lawyers and executives.And everything..is in writing...not a hand shake and verbal agreement.Get it writing,with the document drawn up by and attorney that specializes in the entertainment business.That may sound harsh,but it;s just the way it is,and anything else is just being naive.

Steve B
 
I'm in an original band that's been around since the late 80's. I joined the sole original member and writer last year and have equal share to everything, including the upcoming album costs and earnings.

Having everything in writing is always a smart move. Like others said, don't underestimate ANYONE. Our bassist's last band had someone walk away with $20K of the band fund.
 
Plus if you really are all good friends and improtantly share the same goals and beliefs then none of you should mind putting it in writing.

The first person to object to putting something in writing is likely the first band member who would have caused you a problem further down the line!

Its also a useful mechanism to focus your minds and efforts too. For example any band members that don't directly contribute to writing* could perhaps agree to take on more of the admin roles of the band etc.

*I am an advocate that jamming in rehearsals and what you play as a drummer definately DOES constitute song writing. However, I would also encourage every drummer in an original band to go further than that. Invest in some recording software a midi keyboard and possibly even a guitar and bass, you will be surprised at how much you can contribute.
 
My band have just released our first single to Amazon/Itunes (it's doing ok) from the album which is released in July.

We've agreed a four way split.

To be honest I'm quite relaxed about things as I have so much on each of them that I could royally **** each and every one of them up if I needed to.

:)
 
In my previous band, we had our own sound system plus a lot of travel expenses, so we kept a "general" fund, and all of our money (from both gigs and merchandise) went there. We then each took an equal monthly cut. This made everybody happy as we always had enough money to operate on, and had some extra money in our own pockets.

Regarding writing credit, 90% of the time a song originated with either our guitar player or lead singer, and our singer was responsible for most of the lyrics. From there, we finished writing the song as a band. We credited the music just that way, crediting the singer for the lyrics, the band for the music. If someone brought a completed piece of music, we credited them with the music for that song. We even credited past band members where it was due because we had been playing a few of the songs for years, through some lineup changes.

I will note that I was fortunate enough to be playing with guys who were and are true friends. We consulted one another on everything, every major decision had to be unanimous, and we never had any ill dealings when it came to money. I realize that's the exception and not the rule, so I'll echo others who said it's best to get something in writing.
 
I can appreciate everyone's insistence on getting something in writing. I am a lawyer, and would advise the same. But what I'm really looking for is people's experience. Would this normally be an equal share situation, or would the writer get a larger share? Is it unfair or unrealistic for everyone to share equally?
 
Never underestimate the greed and selfishness of another human being. These matters should be clear and in writing. Are you just a studio musician or do you want royalties? You have to make clear to Mike and the others what your intentions are and get an agreement in writing. You can't just take people at their word. Not in today's world. I'm jaded though. :)

+1 This is harsh I know. It is unfortunate, but like anything else in life, money trumps friendship 99.9999% of the time. And the more money involved, the worse it is. I guess I'm even more jaded. :)

Everything is going along well, you are splitting everything and then the song gets 'discovered' and someone writes a check for $100,000 or more for a song along with a record deal coming. MZ is spot on in what he said. In today's world you can be sure the writer will get a business agent and an attorney who will promptly say 'don't worry about the other guys; you have nothing in writing' . Then the tune starts getting airplay and royalties, or the singer gets told by the label 'we want to record it with session players' who are then payed to duplicate something you did. Guess who is out in the cold in both cases?

You all should discuss what will be expectations in this event (which could happen). I saw there was an attorney on this thread, maybe he can give you an idea on what to except for the costs.
 
I can appreciate everyone's insistence on getting something in writing. I am a lawyer, and would advise the same. But what I'm really looking for is people's experience. Would this normally be an equal share situation, or would the writer get a larger share? Is it unfair or unrealistic for everyone to share equally?

This is just my opinion based on my personal non-professional playing experience.

If you believe that although Mike wrote the songs in the first instance, they have been shaped by all band members during the rehearsal writing process. Then its not unreasonable to share the writing credits equally. ie they wouldn't have turned out the way they have without that unique collection of musicians.

If Mike has written the songs and you effectively play what he suggested with minimal input from you all in changing the songs I would say give Mike 40% and say there are three others 20% each for them. You have all still affected the way the song sounds but Mike still gets the most credit. This approach also acknowledges the fact that the band wouldn't exist without the financial contributions all band members have made to things like petrol, recording etc.

This could be a moot point though. Ask Mike, whilst he is your main song writer, he may want to ensure the band stays together and recognises your valuable input and want to split evenly.
 
Would this normally be an equal share situation, or would the writer get a larger share? Is it unfair or unrealistic for everyone to share equally?

Whilst it does occur, the vast majority of bands do not split their song writing royalties evenly. Acts like U2, Radiohead and Coldplay are rumoured to have an even split, but for the most part you'll find it's pretty common for the song writer to dictate the terms of any split.
 
I spent 10 years in rehearsals helping to shape my bands new material for their 3rd album (yes, it took us that long LOL, as everyone had their own businesses / careers too) and I left the band and moved to America.

The new drummer recorded all the drum parts for the album as I expected. However it was a very pleasant surprise to get a copy of the CD sent to me with my name on the cover with equal writing credits.

I got the gig back too when I returned to England. Theres a lot to be said for leaving on good terms and mutual respect. It doesn't mean anything in a court of law though, so you always need a contract if doing anything with a large amount of $$ involved
 
Whilst it does occur, the vast majority of bands do not split their song writing royalties evenly. Acts like U2, Radiohead and Coldplay are rumoured to have an even split, but for the most part you'll find it's pretty common for the song writer to dictate the terms of any split.

Agreed.

The Smiths, for example. Morrissey and Marr absolutely shat on Mike Joyce and Andy Rourke. Shameful stuff. And quite common I understand.
 
On my bands latest CD, which is in the process of being released, we actually sat song by song and wrote out the writing credits. As one of the primary lyricists I have songwriting credits on 7 of the 10 songs. The bassist only has 1 songwriting credit. We did this to prevent any further arguing if we somehow make any money on it. I hate mixing business with pleasure, but in a band i have no other choice, so I make sure that all bases are covered when it comes to the business side.
 
That's a tough one. Every situation is so different. If you're all investing equally, then you should all get returns equally.

When it comes to royalties you should all discuss a split with possibly a larger percentage going to Mike has he writes the material.

I play in a quartet. Myself and the piano player run everything. Even when we have the same members for extended periods we don't ask them to contribute anything. We pay them to do the studio recordings and live hits and keep the income ourselves. Cut and dry.
 
This is something that comes up a lot. I think it should depend on if you actually contributed to the song or not. I played in bands where songs only called for a generic 2-4 beat and therefore would never take credit for anything than just playing the appropriate beat. I've been in other bands where I played and developed more complex rhytms that helped shaped the song. In those songs I expected some sort of credit, but didn't always get it.

I think most of the time the actual songwriter takes the credit and deservedly so. This is how I look at it, if the band broke up tomorrow who would have the right to take that song to a new band?
 
It's disgusting to not give everyone equal share regardless who "wrote" the song. If you all perform the song and it's done by/recorded by a specific band, everyone involved should get equal credit!

What kind of greedy rat bastard songwriter leaves their band out in the wind while they collect fat checks?
 
What kind of greedy rat bastard songwriter leaves their band out in the wind while they collect fat checks?

A rich one...


(you knew this response was coming : )
 
It depends what people in the band want to do. If the recording costs are split among all of the members, then they should AT LEAST get paid back those expenses.

A 6-piece band I'm in has the following policy for our past 2 albums...any debt created from the recording/production of the CD is paid off first. This last CD drained the band fund and put us $2,000 in the hole. After the debt is paid off, the CD sales of $15 are split as follows: $1.50 to each musician playing on the album, $1.00 to each musician at the gig promoting the album. We have subs and stuff, so they get paid $1.00 per CD sold at the gig they were at, but the studio musicians (us) are always paid quarterly. Electronic sales just go straight to the band fund, to avoid any messiness.

We paid off the credit card within 6 months from CD sales, and now we're each getting $2.50 per CD sale at gigs we're at ($1.50 if we're NOT there!).

It's a workable system. Everyone is valued/honored, and we are incentivized to make CD sales, too. When a couple of our tunes were picked up for film soundtracks, that money went to the band fund, and we decided, democratically, to split it 7 ways (6 member cuts, 1 band fund cut).

Whatever you decide to do, get it in writing, make sure everyone is cool with the arrangement, and don't let it get in the way of your relationships or the functioning of the band...it's a one-time arrangement so there will be no bickering or wondering where the money is. Have somebody keep tabs of ALL sales, and have the information openly accessible to anyone in the band.
 
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