The Band Broke Up. Then the Album Went Platinum.

I’ve been an entertainment lawyer for 27 years, and I’ve seen a lot . A lot. I’ve Seen This Before is my Friday series that gives you a peek at some of the lessons my clients have learned the hard way. Some of the details may have been changed to protect client confidentiality.

It started the way a lot of bands start. A few friends got together in a garage after school and started writing songs. Nobody had a manager. Nobody had a lawyer. Nobody had a record deal.

There wasn't any money to fight over because there wasn't any money at all.

The band spent months rehearsing and writing together. Some songs were finished. Some were only ideas. Some were little more than riffs and half-written lyrics. Then one of the members left the band. It happens all the time.

But the remaining members stayed together. They kept writing, playing gigs and chasing something that seemed impossible.

Then the lead singer wrote a song that changed everything.

And the impossible happened.

The song got real traction, and a major label came calling. That’s when I met them. I helped them negotiate that first record deal. They signed and began preparing their debut album.

As many new artists do, they looked through old recordings and decided to include some of their earlier material on the album. There were songs they had written back in one of the band members’ living rooms. Songs from before the record deal. Songs from before anyone thought there would ever be money involved.

The album went platinum. Suddenly, those old songs were worth something.

And then came the lawsuit.

The band member who left suddenly resurfaced. He said he had contributed to the old material. He wanted a share of the songwriter's royalties and a share of the publishing. And perhaps worst of all for a band that felt like he had left before the real effort had even started, he wanted his name added to the credits.

The band was furious. They insisted that he hadn’t written anything at all. In fact, they said one of the reasons they parted ways was because he wasn’t contributing.

That didn’t stop the lawsuit from going forward.

The band hired lawyers.

The former member hired lawyers.

Everyone spent years fighting. Money that should have gone toward music, touring, and building careers went toward legal fees. Tour dates were jeopardized for depositions and hearings. Songwriting sessions were delayed for meetings at our office.

There was a lot of stress, anger, and money involved.

And all of it could have been avoided.

The Problem Wasn't the Lawsuit

The problem started years earlier, back in the garage when nobody thought the business part mattered.

Nobody kept records.

Nobody signed anything—in fact, they didn’t even really discuss it.

Nobody created split sheets.

Even though the group was working hard to make something happen, the fact that it seemed impossible made them assume the paperwork wasn’t necessary.

Then suddenly it was.

Success Creates New Memories

People often have different perceptions of how things happened. And one of the strange things about success is that it changes the way people remember the past even more. They have different memories of conversations. They felt like they contributed more or in a different way than they did. They consider the general effort of showing up for practice to be equivalent to writing the songs instead of just playing them. And sometimes people genuinely believe they deserve a share of something they didn't create.

When there is no paperwork, all they can do is argue over different memories.

And memories are expensive to litigate.

A Simple Piece of Paper Could Have Changed Everything

Every time you write a song with someone else, ask a few questions:

• Who wrote the lyrics?

• Who wrote the music?

• What percentage does everyone own?

• Who owns the publishing?

• Is everyone agreeing to those percentages today?

Then write it down and have everyone sign it. Simple. It doesn’t have to be complicated. It just has to exist.

Because one day the song that nobody knew about might become the song that changes your life. If that happens, you don't want to spend years arguing about what happened in a garage.

You want to spend those years making music.

FaLasō Tip: The best time to document ownership is before there is any money involved. The second-best time is today.

Before you release another song, download the free Artist Contract Survival Checklist and learn the questions every artist should ask before signing agreements and dividing ownership.