Band Competition Issues

epictring

Hello ?

I've thought about this today, and I'm quite interested in how this should work.

Scenario:
Band enters competition, one or two of the members have made it clear that they are leaving this band X date, after the competition. Band wins the competition and the prizes is given to the band. Now there's a fight, the leaving members wants to sell the.. say PA system and all the other prizes they won and split all the money since they are leaving. What is the correct way to handle such a situation?

In my opinion, the members leaving are their loss and problem and the prizes should only be handed to the leftover members in the band that's gonna continue with the project.

What do you guys think?

Averatu

epictring wrote Hello ?

I've thought about this today, and I'm quite interested in how this should work.

Scenario:
Band enters competition, one or two of the members have made it clear that they are leaving this band X date, after the competition. Band wins the competition and the prizes is given to the band. Now there's a fight, the leaving members wants to sell the.. say PA system and all the other prizes they won and split all the money since they are leaving. What is the correct way to handle such a situation?

In my opinion, the members leaving are their loss and problem and the prizes should only be handed to the leftover members in the band that's gonna continue with the project.

What do you guys think?

Depends on the band agreement, and if you dont have one you'll have to let a magistrate decide.

doc-phil

Averatu wrote Depends on the band agreement, and if you dont have one you'll have to let a magistrate decide.

+1

In the absence of an agreement, it seems as if your only options are:

1) Sell the prizes and split the proceeds; or
2) The remaining members buy-out those that are leaving.

Manfred-Klose

Its property of the band.

if you aint in the band, it aint yours.
if the whole bands breaks up then its a different situation.

Life lesson number 1, get contracts in place to prevent stuff like this happening again.

What gear is it ?

Gearhead

Obviously all of this is purely hypothetically speaking, eh? ?

epictring

Lets say the band contract doesn't specify the situation.
And this is just a "what if?" question ?

I agree with Manfred. Its the bands property if the band won it.

Averatu

Gearhead wrote Obviously all of this is purely hypothetically speaking, eh? ?

Yes doctor, my uhm, 'friend' has a rash.

Averatu

epictring wrote Lets say the band contract doesn't specify the situation.
And this is just a "what if?" question ?

I agree with Manfred. Its the bands property if the band won it.

In an ideal world!! Its not an issue of opinion, its an issue of the law, and this is not an uncommon issue. Any band agreement must have a clause dealing with a departing member. There are several good books on 'managing your band' that have template guides for agreements.

21Fretter

Averatu wrote Any band agreement must have a clause dealing with a departing member. There are several good books on 'managing your band' that have template guides for agreements.

Do you know the names of books you would rate as decent that those interested could give a look?

Averatu

21Fretter wrote
Averatu wrote Any band agreement must have a clause dealing with a departing member. There are several good books on 'managing your band' that have template guides for agreements.
Do you know the names of books you would rate as decent that those interested could give a look?

This is obviously not a South African book, our laws are not always the same.
http://www.amazon.com/Music-Law-Your-Bands-Business/dp/1413310567/ref=sr_1_3?s=books&ie=UTF8&qid=1322845064&sr=1-3

AlanRatcliffe

I think ethically if the members who are leaving were still in the band when the gear was won (even if they were working out their notice), they are entitled to their share. Buy them out or sell the gear and divide the money.

epictring

Alan Ratcliffe wrote I think ethically if the members who are leaving were still in the band when the gear was won (even if they were working out their notice), they are entitled to their share. Buy them out or sell the gear and divide the money.

Yeah I guess its fair in that perspective.