Expert: Kat - 6/16/2010

Question
Good morning,
I have a question I would appreciate your help with, at present I am working for an artist, free, the name of the band is under his name, and also all songs written are done by him, I can see this getting a recording contract soon, I have invested at least a year in this project, paying for rehearsals, song arrangements and performing for free. I was going to suggest to him to enter a music business partnership to protect my position here, do you think this would be a good idea, is there any other way to protect my interest/position you might suggest?

Mark
Dulin
Ireland

Answer
Hello Mark,

You've got a sticky situation on your hands here. I'm hoping that you have a very good relationship with this artist. At best, you are currently considered a contractor, but since you are working for free you aren't currently owed anything. Unfortunately, I think that the best that you can do is to just be honest with him and let him know that you feel the band is "on the verge" of being successful. Let him know that you are fully behind the project, but you'd like to stop playing for free. If he is doing all of the composing for the band I doubt you will be able to enter a "partnership" because he will probably feel that he is doing all of the work and you are just there to play the music that he writes.

I advise one of two things; either attempting to work out a deal where you are an independent contractor, where you are paid hourly for your time, or tell him that you want to be made a full member of the band, and suggest an equitable split of the proceeds. For example, he keeps all of the marketing and publishing rights and proceeds, but you get a cut of album sales because you will (hopefully) play on the album. Also, you should be receiving some share of performance payments. If you are an independent contractor, you are paid for your time only, so don't expect a share of album royalties. However, if you are a full band member, don't expect to get paid for rehearsals and studio time.

Good luck!
Kat