[dalton]

So my dad, in his youth, was part of a band. This band decided to record an album. The band has a bit of an underground following to this day. They recorded the album in what was then my father's childhood home, which is a well documented fact if you searched the internet. Being that this was independently recorded, obviously there was no "record label" or "contract" type scenario at the time, just a few guys laying down some tracks at a friends home.

Fast forward and the band members go their seperate ways and fall out of touch. Several failed attemps to have a reunion of sorts, but for the most part they don't speak. My father passed away this past summer. Unfortunately, he had lost his job and in his final time blew through just about any equity he had keeping up with bills. His home is a short sale, no retirement, no life insurance, etc. Thus, my brother and I are left with a $15,000 bill for his funeral.

At his funeral, an old bandmember comes. He gives his condolences and hands us a CD, my father and his old album. Apparently this guy got involved with some small label and has them distributing their music. You can even find the album on iTunes!

Now I hate frivolous money grubbers, but honestly, I feel like my dad should have been a part of that as an equal, particularly since its a well documented fact that they recorded it in his home. I only ask because here my father was totally broke, on a sinking ship of sorts due to the economy, passes, and leaves my brother and I with a $15,000 bill and another 2 young sons (4 & 5 years old).

Think he should have been entitled to any of the proceeds from this record? If so, where would I even go from here? Is there anywhere I can find out how many sales on iTunes this album is getting?

[babydevilj]

best contact a lawyer.

[dalton]

If I feel I have something, I obviously will, but I just didn't know if I'm being irrational.

[King Tut]

You snooze you lose?

[King Luis]

LaLaw can help...hire him.


LaLaw, i charge a referral fee of 5%

[Beekbmwm3]

I would definately contact a lawyer, you probably are 1) Out of the statute of limitations 2) Your father (may he rest in peace) is the one that should have brought the lawsuit 3) May lose b/c there was/is no contract.

However, in my opinion, they cut him out of the deal and you should, at the very minimum, go talk to a lawyer.

[440HPE46]

I wouldn't think that their would be a statute on royalties as long as he has proof of rights...

[trebm3]

if they are profiting from the music it would have been nice for them to help out with the funeral costs or at least a portion.

My condolences go out to your family and everybody that cared for your father.

[TheM]

Without any written submittable contract things don't look positive. That being said, a fantastic lawyer can come up with some interesting tricks but it's a big gamble since he's going to cost you. Good luck and condolences.

[drunk hal]

With music being an art it doesn't seem like you'd need a contract. From the sounds of it his cut might not be that big though after the net profit gets divided 5 or 6 ways, but it's hard to say since it's hard to tell how popular his band was from what you wrote, and how many people were in the band. Best approach might be to have a civil conversation with the guy about it, if you think that's possible. My condolences on the passing of your father.