duckgirlie (duckgirlie) wrote in little_details,
duckgirlie
duckgirlie
little_details

Legal issues with a band break up.

Present day America.

I've read these, articles, and gone back over a previous question, but I still have a couple of questions.


I have an indie band. They've been playing self-organised gigs for a few years, and have a CD they recorded in their basement that they sell at those shows. On this CD, all the songs are credited as being written by "A and B".

However, they've just been signed to a label, and the label wants them to re-record their CD as a fully produced album, instead of the quick-and-dirty recording they have right now. (I know that it's more likely the label would want them to write all new material, but there are various reasons why it's happening this way).

But before this happens, A and B have a huge fight, and B leaves the band. A and B never made any formal agreement as to who was credited as songwriters (because at the time, it hadn't mattered).

When the "official" copy of the album is released, would it be possible for the songs to be listed as just being by A? The only record of B writing them is on the liner notes for the hand-made CD, and A could probably make the claim that he wrote the songs himself (realistically, it was probably an 80/20 split, but most of the original ideas and the thrust of the songs would have been A's).

Would the record label take his word for it? The version they're releasing is going to be the first published version of the songs, so officially they're going to be A's songs. (It's a smaller imprint on a major label, if that makes a difference)

Finally: when B finds out all this has happened, would the fact that he has the CD with the songs listed as by A and B be enough grounds for him to sue to get his name back on them, or would he have to provide more detailed proof of his contribution to the material?

Thanks!
Tags: ~law (misc), ~music
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