'Pre-nup' scheme to save bands from facing the music in court;

Sunday Herald, The, Nov 2, 2003 by Liam McDougall

THEY penned the hit Don't Look Back In Anger but found themselves at the centre of a bitter legal battle with drummer Tony McCarroll. Now the Musicians' Union is to try to prevent Oasis-style break-ups by having young bands sign "prenuptial" agreements before they become stars.

Concern over the number of high-profile splits has led union lawyers to develop a system that helps artists draw up formal agreements, covering everything from how royalties and equipment will be distributed when a group disbands to whether the manager can only be sacked unanimously or with just a majority decision.

Under the Partnership Advisory Service, to be launched later this month, bands are asked to complete a five-page questionnaire, which when signed becomes a legally binding document.

The agreement would also establish rules for embarking on litigation, changing the group's name and deciding whether band members can embark on solo careers.

The advisory service, which will be free to union members, has been developed in partnership with London-based law firm Steeles over the past year and piloted for the past three months with around 100 up-and-coming bands from various musical genres. It's been set up to counter the deficiencies in the current laws, which are more than a century old, that govern band break-ups.

At present, any band that does not have at least a verbal agreement automatically comes under the Partnership Act of 1890. That means a songwriter who leaves or is dropped has no claim to their songs because they become the property of the band.

David Fenton, a lawyer with the Musicians' Union, said he deals with at least one break-up a month and the consequences are often devastating.

"Most disputes involve someone who formed the band and thought of the name. Then, when they get sacked from the band, because they didn't have an agreement they find that they don't own the name any more. That creates a lot of resentment. Band break-ups can be as acrimonious as divorces.

"A situation that arises a lot is when a load of ex-members of a band club together and restart under the old name while the continuing people, with replacements, are also still working under that name.

"These disputes can lead to financial ruin, especially if you get wrapped up in litigation."

In recent years a number of high-profile splits have hit the headlines. Aside from Oasis's (pounds) 550,000 compensation payment in 1999 to McCarroll, who was sacked after an argument with singer Liam Gallagher, others have included everyone from the Bay City Rollers, The Smiths and Bucks Fizz to the All Saints and Robbie Williams.

One of the most bitter and protracted battles in the last few years involved the 1980s new romantics band Spandau Ballet. Despite once being inseparable schoolfriends, frontman Tony Hadley, drummer John Keeble and sax player Steve Norman launched a legal action in 1999 against songwriter Gary Kemp, claiming he should not be allowed to keep the royalties to himself.

The three former members lost their (pounds) 1 million claim at the high court and faced legal costs of around (pounds) 100,000 each, but the feuding continued. Last year it was revealed that Gary Kemp's brother, former EastEnders star Martin Kemp, who played bass in the band, was suing Hadley for using the band's name on a nostalgia tour.

Hadley, who sang the band's chart-topping hits True and Gold, was served with a writ on Christmas Eve, telling him he must not refer to himself as ex-Spandau Ballet. At the time he said: "I think it's my individual right. It's like a retired policeman not being able to call himself an ex-police officer."

In another bitter feud, Peter Doherty, ex-singer and guitarist with The Libertines, was last month released from prison after serving half of a two-month sentence for breaking into the home of frontman Carl Barat following an acrimonious split. After being dropped by the group on the eve of a tour, Doherty kicked down the door of Barat's flat and stole an antique guitar, a video recorder, laptop computer and CD player. But he denied taking an NME award and (pounds) 200 in cash.

David Fenton, the former frontman of The Vapors, who penned the 1980 hit Turning Japanese, said the new scheme would be open to artists from all musical styles. He said: "This is not simply for rock bands. It's designed to help string quartets, wedding and salsa bands, and even a covers band that plays on a Saturday night. This is open to any band in the UK at any stage of their career."

Steven Fisher, a music lawyer with Steeles, has dealt with a number of disputes involving 1980s heavy metal band Saxon, Bryan Ferry and Boney M, and also represented the Sex Pistols in the late 1970s.

He said: "When bands get together they are probably a partnership in law without realising this. It's better that when they form they draw up an agreement so that they understand what will happen when there is a termination. That means that if there is a break-up any disputes can be resolved easily without the massive implications of having proceedings in the law courts."