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<b><i>Clause & Effect</b></i>How To Determine Duration Of Band Member Agreements
How the duration of an exclusive band member agreement is counted can be a pivotal point of dispute for a member who wishes to leave a group. This can be further complicated if the term of the band agreement is tied to a recording agreement.
For example, the band member agreement may state that the new member 'agrees to perform as a member of the Group to the best of his ability and in a timely, conscientious and professional manner' and that the new member's 'services as a musical artist shall be exclusive to the Group.' In this example, the term of the band member agreement is deemed to have begun upon formation of the band and to continue until 'the recording and completion of three (3) wholly new Group albums unless earlier terminated.' 'Album' is defined in the 'Compensation' provisions of the band member agreement as 'an album recorded and delivered to, and accepted by, Distributor under the Recording Agreement in satisfaction of the recording commitment thereunder.'
The band member agreement may also state that it is terminable at will only by the band and that the 'results and proceeds of [the new member's] services with the Group shall be deemed 'works made for hire' with all right, title, and interest therein ' throughout the universe vesting in the Band in perpetuity.' In addition, the new band member may be required to agree that 'services with the Group' not deemed 'works made for hire' will be deemed to have been irrevocably assigned ' including all rights, title and interests ' to the band in perpetuity.
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