Due to a botched website upgrade (my bad 
) several of my previous posts, including a few from my Metal Music Promotions days, have disappeared. Therefore, I am digging through the archives and reposting. I thought I would start with The Band Partnership Agreement.
NOTE: The purpose of this article is to introduce you to the importance of The Band Partnership Agreement. I am not qualified to give you legal advice. Furthermore, you should always consult an attorney when dealing with legal issues. Remember, whatever you do in this crazy business we call music – GET IT IN WRITING!
So, you and some buddies have started a band. The furthest thing from your mind is business planning, setting goals, finances, legal matters, etc…
Welcome to the Music “BUSINESS”
There will come a point when you must decide whether the band is purely recreational, or a serious career move. Bottom line, if you want to make a living as a musician, you must think about more than just playing music and partying like a rock star, so to speak.
One of the first steps in lining out your band’s career should be THE BAND PARTNERSHIP AGREEMENT! This is a legally binding document, signed by all members, outlining how you will conduct business. It clarifies responsibilities and simplifies decision making. It may also help to avoid conflicts.
I know what your thinking, “We’re all friends here.” Sorry, there are way too many legal concerns when dealing with anyone or anything within the music business. Check out this legal fiasco involving “friends.”
Former Band Member’s Lawsuit Leaves Sour Taste for Sugarland
Let’s look at some things that need to be lined out while all the members are still on speaking terms.
Band Name
Determine who owns the band name and logo. What happens to the name if the band breaks up or a band member quits or is fired?
MONEY
Decide how band profits/debts, performance fees, and royalties will be distributed. What will happen when one band member contributes more/less time/money than expected? Who keeps track of the money and how?
BUSINESS DECISIONS
Will band decisions be made by majority or unanimous vote? Do any band members possess veto power? What will you do if there is an equal vote?
BAND EQUIPMENT
Are members responsible for purchasing their own equipment & accessories or will there be a fund set for that purpose? How will it be stored and transported? What about insurance?
CREATIVE DECISIONS/COPYRIGHTS
Is there a primary songwriter or will all songs be owned by the band? How will songwriting credit be handled? Who decides which songs go on an album or set list? Who owns the master recordings? If the band is no longer active, who is allowed to record/perform the songs?
BAND MEMBERS
What happens when a new member joins or an existing member leaves the band? Who can hire or fire a member or is it set to a vote? What are grounds for firing a member?
TYPE OF BUSINESS ENTITY
Which legal structure is right for your band? What are the tax and personal liability and start-up expenses associated with operating as a sole proprietor, partnership, limited liability company (LLC), corporation or nonprofit organization?
This is just a list of ideas. It can be as simple or complex as you make it. I’ve seen agreements lined out on a single sheet of paper while others were 30+ pages long!
