Originally Posted by: GotBlueEyes Originally Posted by: Moderne Decay
But that's essentially what I was saying, that he's taking issue with them continuing to use the name "New Order" without him, then somehow expecting to be paid for any money generated post-2011. All their current gigs, new merch and new material is their investment. If he hasn't contributed a single penny toward anything they done post-2011 to generate an income, he's no longer part of that investment.
You're right but I still think you're slightly missing the point. He still owns a part of the New Order name. They have struck a new deal to license the use of the name New Order which allows them to essentially continue gigging and releasing records under the New Order name. That's a powerful brand name and has made them demonstrably larger amounts of money than if they'd called Music Complete a Bad Lieutenant album. Hence the premium being paid to license the name "New Order". They are paying Hook 1.25% of the deal, which is admission on their part that his stake in the New Order name exists and therefore he is due something from the licensing deal. Hook's argument is that they made that decision without him and he thinks the percentage is too low. That's it. Nothing to do with him contributing anything to the band post-2011, it's about his stake in the brand.
Imagine you and 4 mates invented Coca-Cola, and you jointly own the brand name. Then you fall out and the other 3 license the name to a new company which means the new company can officially call their new fizzy pop "Coca-Cola" even though it's not really the same recipe that people associate with the Coca-Cola. But they strike this deal behind your back and decide that you will only get 1.25% of the deal, while they get the other 98.75%. That would seem a little unfair to me
Yes, but this has always been the case in the history of music, namely (but not limited to):
- Roger Waters & Pink Floyd
- Lol Tolhurst & The Cure
- Alan Wilder & Depeche Mode
- Rest of ELO & Jeff Lynne
etc etc etc
I quoted the above as there's probably been a legal precedence in some of the cases above - I'm not entirely sure what the outcome was? Roger Waters and the Floyd settled out of court...
Bands continue without founding members all of the time - most of the bands I followed in the 80's/90's have different line-ups...
Leaving aside Coca-Cola, does Steve Wozniak still profit from being one of the original people who set up Apple?
Anyway, has there been a case (aside from Bucks Fizz) where the legal system has successfully managed to prevent a majority of members continuing under the existing band name?
Just curious - obviously all of the above doesn't affect any of us personally - we just get to see two bands playing music more often (probably so that they can pay off the exorbitant legal bills)!