The purpose of this blog is to report a matter of great
importance The Band Agreement. To bring this idea to the attention of Artist
Managers and Bands I will address a recent law suit filed in The LA Superior
Court by
David Palmer former singer with Steely
Dan.
Eric
Gardner has posted an article on BillboardBiz.com
which details the news behind why Mr. Palmer sued Steely Dan over Digital
Royalties. It appears that Sound Exchange, a digital
performance rights organization has a policy which excludes paying band
entities. However, the featured artist are directly paid.
According to Palmer the
written agreement that established Steely Dan Inc.in 1972 provides a one-sixth
percentage share of all royalties earned on songs in which he performed. David
Palmer is an original band member who left the group in 1973. Under the
agreement Sound Exchange and Steely
Dan Inc. will have to settle the royalty payments with Mr. Palmer.
The law suit filed in this
case is an example of why bands must understand the need for an enforceable
contract. The initial band agreement goes beyond friendship. Maggie Lange is an expert
in the field who shares great advice concerning band agreements. Artist
managers must be able to explain the business behind the band agreement as part
of the artist management cycle.
The idea here is to keep the
band functioning for the financial success of all of the members. In order for
this to be consistent with law the band must have an internal agreement which
insures payment of future royalties in the proper percentage for members who signed the agreement.
This law suit in my opinion is
a landmark example of a band agreement that worked out. With changes in technology
digital rights have come to the front of the stage. The digital foot print
leads the way to income for all artist who have a clear written band agreement.
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