Can anyone help with some specific legal advice regarding the music industry in the US?

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The Story:

A very good friend of mine was asked to join a fairly successful “indie” band in the middle of their creative heyday in 1984. He toured with them for about six months. He wrote and co-wrote songs, and recorded tracks that eventually were on three different albums and a couple of compilations. What started out as a dream for a homeless teenager ended up being a nightmare of nastiness. He left (escaped is more like it) within a year, just happy to make his way back home.

A couple of years ago he talked informally to a lawyer about getting some compensation for his work with the band, especially after hearing that the band successfully sued their indie label (they had since been the route of the majors). The lawyer (who may have been unclear about such things) suggested that he didn’t have a case...or at least it was very iffy. My friend had not appeared on any song-writing credits. There’s probably no “real” documentation of him being in the band, except for a couple of mentions in a book or two, a picture of him with the band in SPIN (where his name was listed as “The Most Hated Man In America”), and personal recollections from the record company.

Is there a statute of limitations on this kind of legal action in the US?

Also, I recently purchase a live performance DVD of another band. One of the sections of the DVD promotes other performance DVDs available through that company. One of the clips is of said band, and my friend is almost in every shot! Wouldn’t they (the band and DVD company) have to get my friend’s permission to appear on the DVD?

I’ve got more info and questions, but I’ll stop here for now. Any initial ideas from any of you???

― peepee (peepee), Friday, 24 September 2004 14:07 (twenty-one years ago)

if he's in new york, he might want to contact the heaven-sent volunteer lawyers for the arts to get some basic advice.

― fact checking cuz (fcc), Friday, 24 September 2004 14:28 (twenty-one years ago)

There is a lawyer named Walter McDonough in Boston, MA who has worked with quite a few larger indie bands who can probably answer all these questions. I don't know how you would get a hold of him though.

― BlastsOfStatic (BlastsofStatic), Friday, 24 September 2004 14:29 (twenty-one years ago)

Oh My God, you're friends with Henry Rollins?!

Seriously - who.

― dave225 (Dave225), Friday, 24 September 2004 14:34 (twenty-one years ago)

The Most Hated Man In America

Osama Bin Laden?
George W Bush?
Simon Cowell?

― Billy Dods (Billy Dods), Friday, 24 September 2004 14:44 (twenty-one years ago)

but this was 1984. i'm guessing it was, oh, i don't know, david lee roth?

― fact checking cuz (fcc), Friday, 24 September 2004 14:48 (twenty-one years ago)

I think I remember that issue of Spin, and the band is the Butthole Surfers, correct?

― Mike D., Friday, 24 September 2004 14:49 (twenty-one years ago)

Try asking this question at velvetrope.com . They may be able to give you some usable advice.

― MMD, Friday, 24 September 2004 14:52 (twenty-one years ago)

I'll try that velvetrope thingy.

So no one knows about whether permission is needed to appear in a video?

― peepee (peepee), Saturday, 25 September 2004 03:17 (twenty-one years ago)

walter mcdonough also works for the future of music coalition, which might have some resources available as well, or could point you in the right direction.

but FCC's suggestion of checking out a state's volunteer lawyers for the arts organization is OTM.

― maria tessa sciarrino (theoreticalgirl), Saturday, 25 September 2004 07:27 (twenty-one years ago)

thanks, gang!

― peepee (peepee), Saturday, 25 September 2004 13:01 (twenty-one years ago)

I think I remember that issue of Spin, and the band is the Butthole Surfers, correct?

Formed in 1984/6, as a haven for nude art school models, and disenfranchised guitarists, LUXURY CHRIST is unabashedly living up to the reputation of its frontman (ex- Butthole Surfer), Trevor Malcolm. Trevor who was dubbed in Spin Magazine as the most hated man in America, left the buttholes in the mid 80's to return home and form LUXURY CHRIST.

― Cripps Pink (Jody Beth Rosen), Saturday, 25 September 2004 13:21 (twenty-one years ago)

the cat has left the bag

― peepee (peepee), Saturday, 25 September 2004 13:27 (twenty-one years ago)

I was about to say, from your description the Surfers were who I first thought of immediately.

― Ned Raggett (Ned), Saturday, 25 September 2004 13:46 (twenty-one years ago)

But why was he "the most hated man in America"?

― Lefty, Sunday, 26 September 2004 02:45 (twenty-one years ago)

my only question is...what songs did he write for the Butthole Surfers?

― Dan Selzer (Dan Selzer), Sunday, 26 September 2004 03:05 (twenty-one years ago)

Yes! Excellent question.

― Mike Dixon, Monday, 27 September 2004 03:09 (twenty-one years ago)

It occurs to me that one of the attorneys involved in the Dead Kennedys intraband litigation might also be useful in this situation. I don't know who was counsel for the dispute on either side, or which side sued which side first, but a little research might turn useful info up for you.

― BlastsOfStatic (BlastsofStatic), Monday, 27 September 2004 14:41 (twenty-one years ago)

Q: is this band in the trouser press database?

http://www.trouserpress.com/

― DJ Martian (djmartian), Monday, 27 September 2004 14:52 (twenty-one years ago)

I recently gave permission to have my band appear in someone's documentary project and they only needed clearance from the band's "leader".
I'd also bet a fair cut of the dvd profits if there are any wouldn't amount to much more than a few hundred dollars aka not worth it.
I'm sure the whole "Most Hated Man in America" tag is joke the band played on him with the Spin editors. Sounds like bridges were burned somewhere along the way.

― Loose Translation: Sexy Dancer (sexyDancer), Monday, 27 September 2004 19:58 (twenty-one years ago)

I'll tell you why no lawyer will want to take this case -- because whatever Butthole Surfers songs the guy wrote in 1984, the royalties are surely likely to be less than the attorney's fees. If he wrote "Pepper" he could probably get someone to take the case.

― Mark (MarkR), Monday, 27 September 2004 20:58 (twenty-one years ago)

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