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Joined:
January 2004
Posts: 1225
Location: Lake Hiawatha, New Jersey | This may spark an interesting discussion that is somewhat on topic.
Procol Harem Lawsuit |
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Joined:
March 2002
Posts: 14842
Location: NJ | Hey Al!!
Get Elliot Randall on the phone! . . . . |
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Joined:
November 2005
Posts: 1126
Location: Omaha, NE | If that was a US court, I'd be taking a lot more interest.
Still, it is troubling. We we are working out new stuff, often I will say things to (for example) our bass player like "play whatever you want in this measure, but make it kindof funky and be sure to end on an F# really hard". I let him fill it in from there.
Not like we are going to be producing any top 10 stuff and having to contend with million dollar contracts, but it does make you wonder how those things work. When I write a song, I write the lyrics, lay down some chord progressions and work out the hook. The rest we fill in in rehersal. but I still consider it "my" song.
Hmmm..... |
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Joined:
December 2003
Posts: 1071
Location: Carle Place, NY | The ruling is completely wrong. There's a good chance that it will ber reversed on appeal.
Then again, it's a British court so who knows.
:D :p (Just kidding!)
Really though, imagine the implications of this kind of judge-made law. Take the song "Reelin' in the Years" by Steely Dan, for example. There's no question that the guitar solos are a major part of the song's popularity. According to this judge, the studio guitarist (Elliot Randall, not a member of the band) should get a piece of the royalties, rather than just his fee for the gig. Same thing would go for Eddie Van Halen's work on Wacko Jacko's "Beat It." What it would come down to is that if the songwriter does not write EVERY note in every part of the recording, a musician who creates a solo in the song would have a right to a part of the royalties. Taken to its logical extreme, Ringo should get a piece of every Beatles tune since Lennon and McCartney certainly didn't write the drum parts.
I'm sure many here can come up with more and better examples of the implications of this ruling.
This is just plain wrong. |
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Joined:
March 2002
Posts: 14842
Location: NJ | I think he should've been awarded a percentage of future proceeds(maybe). But a percentage of AUTHORSHIP on a song that was written before he even joined??? . . . I don't think so.
There's gonna be a sh!tload of waivers flying around recording studios in the future . . . |
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Joined:
November 2005
Posts: 4827
Location: Campbell River, British Columbia | I sense a resurgence of The Arranger...the fella who writes everyones parts.
Damn! Then I really will have to learn to read music... |
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January 2006
Posts: 5881
Location: Colorado Rocky Mountains | An iron-clad executory contract up front specifying the rights and responsibilities of studio musicians vis-a-vis the writers should serve to mitigate damage awards by juries in the event a contract musician should make a subsequent claim against a loss on the royalties. I don't know much about recording/copyright law, but I do know the law has evolved to the substantial favor of the writers and not necessarily the recording artists. |
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Joined:
January 2004
Posts: 1225
Location: Lake Hiawatha, New Jersey | Originally posted by ProfessorBB:
An iron-clad executory contract up front specifying the rights and responsibilities of studio musicians vis-a-vis the writers should serve to mitigate damage awards by juries in the event a contract musician should make a subsequent claim against a loss on the royalties. I don't know much about recording/copyright law, but I do know the law has evolved to the substantial favor of the writers and not necessarily the recording artists. That's EXACTLY was I was gonna say :p |
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Joined:
March 2002
Posts: 14842
Location: NJ | This is a well & good for FUTURE endeavours, but it sets a precedent that's gonna have people coming out of the woodwork with their hands out . . . |
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Joined:
September 2006
Posts: 10777
Location: Keepin' It Weird in Portland, OR | Side-Story-- I heard Willy Nelson doing Whiter Shade of Pale on one of them Saturday Midnight Rock Concerts on the radio. Sounded good too. Go Willy! I think he was playing that geetar with the extra holes in it... |
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I found this interesting