H
heelen
Guest
State: Maryland
I hope this is the proper forum section to post this topic under. Please forgive me if it is not as this is my first post. My situation involves creating the proper form(s) to form a specific agreement between myself and future members of my group.
Before I begin, I realize that different people will have different views on the type of band organization that I would like to implement. That's perfectly understandable. But, I'd really like to keep the discussion focused as much as possible on the legal/business aspects of it. Thank you.
Here is my problem:
For some time now, I have been writing and recording music for a full-length album. Back in 1996-1997, I recorded a few of the songs doing all of the tracks, aside from vocals, myself. While I probably could pull off a respectable job of doing that again, I would prefer to have a full set of musicians to work with, thus allowing me to focus on guitar.
I've been reading several books on music law and most say that one either has a band agreement where members are viewed as partners and given equal share/authority, or one must form a sole proprietorship, treating other musicians as employees/independent contractors as opposed to actual band members.
You have probably gathered by now that I want authority and control over the band. This also includes paying for all studio/gig/merchandising expenses out of my pocket (all other members would have no financial responsibility). So, for having control, I'm agreeing to pay for all expenses. At this point, one would most likely conclude that I want a sole proprietorship. The problem is, I want to treat this as a band situation not simply me hiring a couple of guys to go into the studio with me one day as employees/independent contractors. Basically, I'd like to set up a situation where I'm in control, both in a legal and creative sense, and the other players are not required to pay any expenses, but are treated as partners when and if a profit is made. I would prefer that I have control over members coming and going, should it be necessary.
For example: I need another lead guitarist, bassist, drummer, and vocalist. This would make the total number of members 5, including myself. Should a profit be made, it would be split 17%, 17%, 17%, 17%, and 32% (my share). Is it unreasonable to allow a greater share for myself if I am handling all business and financial aspects of the band?
Does anyone have ANY advice on how I can set this up in a legal sense? I really don't want to start auditioning musicians until I am confident that I can present them with an agreement that both they and I can live with.
Again, thank you for your time and patience. I realize that this is a lot to swallow and perhaps I am jumping ahead of myself, but I would like to get off to a good start with a band for once.
Take care,
Sean Heelen
I hope this is the proper forum section to post this topic under. Please forgive me if it is not as this is my first post. My situation involves creating the proper form(s) to form a specific agreement between myself and future members of my group.
Before I begin, I realize that different people will have different views on the type of band organization that I would like to implement. That's perfectly understandable. But, I'd really like to keep the discussion focused as much as possible on the legal/business aspects of it. Thank you.
Here is my problem:
For some time now, I have been writing and recording music for a full-length album. Back in 1996-1997, I recorded a few of the songs doing all of the tracks, aside from vocals, myself. While I probably could pull off a respectable job of doing that again, I would prefer to have a full set of musicians to work with, thus allowing me to focus on guitar.
I've been reading several books on music law and most say that one either has a band agreement where members are viewed as partners and given equal share/authority, or one must form a sole proprietorship, treating other musicians as employees/independent contractors as opposed to actual band members.
You have probably gathered by now that I want authority and control over the band. This also includes paying for all studio/gig/merchandising expenses out of my pocket (all other members would have no financial responsibility). So, for having control, I'm agreeing to pay for all expenses. At this point, one would most likely conclude that I want a sole proprietorship. The problem is, I want to treat this as a band situation not simply me hiring a couple of guys to go into the studio with me one day as employees/independent contractors. Basically, I'd like to set up a situation where I'm in control, both in a legal and creative sense, and the other players are not required to pay any expenses, but are treated as partners when and if a profit is made. I would prefer that I have control over members coming and going, should it be necessary.
For example: I need another lead guitarist, bassist, drummer, and vocalist. This would make the total number of members 5, including myself. Should a profit be made, it would be split 17%, 17%, 17%, 17%, and 32% (my share). Is it unreasonable to allow a greater share for myself if I am handling all business and financial aspects of the band?
Does anyone have ANY advice on how I can set this up in a legal sense? I really don't want to start auditioning musicians until I am confident that I can present them with an agreement that both they and I can live with.
Again, thank you for your time and patience. I realize that this is a lot to swallow and perhaps I am jumping ahead of myself, but I would like to get off to a good start with a band for once.
Take care,
Sean Heelen