Do I have any royalty rights as a former band member who contributed to the group even if I didn't sign a royalty agreement?

Question: I am a former band member who helped produce and write lyrics for several songs.  Since I left the band, they have been marketing and selling a CD which has some of my lyrics and production.  During my involvement with the band, I did not sign any contracts about royalty rights.  Can I still receive royalties for my past work?

Response: In general, all band members own an equal share for the contributions to a musical composition. Even though you didn't sign a contract with a royalty agreement, the law typically says that you still retain copyright ownership. Bands are typically partnerships and even though you are no longer a member, it may be required that they ask for your consent to use your work on their CDs since they are reaping profits from your work. In many cases, a mechanical license would give your band members the permission to create copies of a recorded song which they did not write and/or do not have copyright over.  Moving forward, it would be best to consult with an Entertainment Lawyer to determine the best course of action for your case.

Answered by Jason Tong 

Additional Resources:  

• Royalty Agreements
• U.S. Code on Copyrights

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