Re-Tracking Drums

[anthmkc]

So I went in the studio with my former band last year to record their 4th album. I blazed through the recording session and finished tracking my drums in 4 days. Couple of months later I had to leave the band due to work issues. A few days after telling them this the band leader sends me this email.

"By leaving the band at the time that you did, it has caused a lot of disruption in the business of sdgfsd. This means that our attorney has gotten involved. We have an existing artist/producer contract that was reviewed by him – thus any changes that might effect that agreement have to be run by him."

Does this make sense to anyone?

From the bass player
"Honestly, since you had to leave, "the band" had to figure out what to do about having a drummer on the record that wasn't a band member. From the advice of the band's lawyer, it's a bad idea to have the possibility of someone asking for a cut of the record down the road, whether or not anything would come of it, just the legal fees to defend ourselves would be huge."


So they hired someone to come in the studio and re-record the tracks. I asked how it was cheaper to hire someone else to re-record than to just make a new contract and/or pay me and this is the response I got.

"I don’t know whether it is cheaper or not. I never actually said it would be. It’s just what our attorney said that we should do.

The contract I’m referring to is the contract describing the terms of Dfds’s payment, that I signed at Mfdsdfs’s that night we all met and I wrote Dfds a check for the recording.

Since there is a contract on the project, a discussion on what the next step should be obviously had to occur. Everybody with a vested interest in this project; including our attorney and Dfds, agreed that the best course of action was for the drums to be re-tracked."

What do you guys think about this? Are they right or should I get a lawyer?

[DrumEatDrum]

I'd say your former band members are paranoid, delusional, and received really bad legal advice.

Band members leave all the time, but don't re-do records over it.

I'm not sure why you need a lawyer at this point, you left, you're no longer on their record.

If you're out some of your money money you paid for studio time, that was the risk you took by quitting the band without working this out before hand.
And even if you don't feel this way, I'd think the cost of a lawyer would far exceed any benefit derived from having one.

[toddy]

i'd say that the attorney your old band picked up is a dick (though he is right about the royalties, its still not something i'd be willing to accept).
i doubt you will gain anything significant by getting a lawyer involved on your behalf (unless it is some moderately large band on their own record label?).

for future reference, make sure you get a contract drawn up with any band you record with.
i treat any band i play for as session work - even if its a band that i play with regularly. if a band doesn't like this kind of mindset then they can get someone else to play on their records, water off a ducks back.

[Pollyanna]

How many squillion albums have contributions from former band members?

Who's lost? You and the rest of the band.

Who's won? The lawyer and the new drummer.

Who makes the most money out of this arrangement? The lawyer.

[toddy]

Originally Posted by Pollyanna

Who makes the most money out of this arrangement? The lawyer.

100% agree! it's a real shame, but that's the way it is.

[MLdrum]

Sounds like the lawyer has got a sneaky attitude, making some xtra (for him easy-earned) money just by flippin' his forksplit tounge ;p :s

[Chonson]

I wouldn't waste time with a lawyer unless real money is involved.

Real money, of course, means "an amount that you could actually afford to live off of", not just a couple thousand over the course of the year. Given that the day job trumped the album, it doesn't sound like that was the case, nor was it about to be the case.

So all you'd be doing by lawyering up would be poisoning the well even more, and throwing money now against the possibility that your cut - if you were even possibly entitled (probably not) would be in the thousands of dollars.

Not likely. Move on.

Also, your band is probably getting screwed by their lawyer. Pass on if you care to.