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Serious post-prod recording dilemma

Posted on 7/28/18 at 9:41 pm
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63869 posts
Posted on 7/28/18 at 9:41 pm
Let's say, hypothetically, you spent a few months working on a record, got it just right, pre-released it to media and got rave reviews, dropped it in stores (vinyl only release) and sold like crazy, already ordering another press...

And then...


One of the session players (in the liner notes) gets arrested for child molestation...


Do you recall everything, order another repress/reprint of the sleeve to completely exclude the musician's name?

Dude hasn't even gone to trial and nobody knows what the facts is [sic]. Maybe it turns out to be a big misunderstanding... maybe he's exhonerated in hours... maybe he's not... but his name is on your record...

What do you do?
Posted by whitefoot
Franklin, TN
Member since Aug 2006
11181 posts
Posted on 7/28/18 at 9:45 pm to
What's the cost to scrub him completely?
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63869 posts
Posted on 7/28/18 at 9:48 pm to
quote:

What's the cost to scrub him completely?


That has not been determined.

So you are saying step one is figure out the cost of 100% scrubbing. He's a session player, he does not get royalty if that's what you mean.
This post was edited on 7/28/18 at 9:49 pm
Posted by Marco Esquandolas
Member since Jul 2013
11423 posts
Posted on 7/28/18 at 9:56 pm to
Meh...keep on going.

If the music is good, there won’t be an issue.
Posted by Marco Esquandolas
Member since Jul 2013
11423 posts
Posted on 7/28/18 at 9:57 pm to
...and this is America—-innocent until proven guilty.
Posted by Marco Esquandolas
Member since Jul 2013
11423 posts
Posted on 7/28/18 at 9:58 pm to
What instrument did he play?

Skin flute?





Sorry...couldn’t pass that up.
Posted by whitefoot
Franklin, TN
Member since Aug 2006
11181 posts
Posted on 7/28/18 at 10:01 pm to
No. I'm saying step one is to gather as much information as possible to make the best decision.

Are you going to rerecord his parts? Or just remove him from the liner notes?
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63869 posts
Posted on 7/28/18 at 11:15 pm to
quote:

Are you going to rerecord his parts? Or just remove him from the liner notes?


A-ha.... that's the question.


What would you do?
Posted by Marco Esquandolas
Member since Jul 2013
11423 posts
Posted on 7/29/18 at 1:04 am to
Can you remove his name from the liner notes while keeping his playing on the recording without any legal discrepancies?

If not, I just don’t believe it will be that big of a deal, especially if he is just a session guy.

Let it ride...the masses, those that even know the issue, forget quickly (for a political example, see Bill Clinton, Mike Yenni, Marion Berry, etc.)
Posted by TheFretShack
Member since Oct 2015
1237 posts
Posted on 7/29/18 at 7:34 am to
More input and feedback than you sought ... not being a jerk, just being comprehensive ...

How many distribution networks or outlets have declined to carry the record because of this situation? Do formal analytics show the drop-off on sales/downloads/plays/views after this guy's legal troubles versus before? How many consumers have said verbally or in print - including social media - that they are not buying the record and/or boycotting your band? How much media publicity has occurred where the guy was specifically identified in articles or broadcasts as a temporary employee of your band?

What does the temp employee's formal contract say in regard to disclosure or censorship of his performance and/or contribution? Considering your band's attorney drew that contract, what does he or she say (outside of the idea that you unfortunately may have NO recourse until the guy is actually convicted of a crime).

What has the band's publicist done as far as damage control and public opinion? Has the band made an official statement distancing itself from this temporary contract employee while his legal predicament is resolved? Where is the statement published prominently on the band's official website and within its official social media presence? Have paid placements in music and industry mags and sites occurred to minimize damages?

If you have done little or none of the above (i.e. band doesn't have an entertainment attorney or a publicist, you don't have a written contract with the guy), it is cheaper to print a new cover and hire a PR professional to draft and effectively disseminate an official statement distancing yourself from the temp and "his" situation.

If this guy is seriously trying to defend himself on felony sexual charges, he will be paying out a fortune to a criminal attorney who is trying to keep him out of jail. Unless he is making a fortune in royalties off his contribution to said record, hiring a civil attorney to come after you because you omitted his name on a record jacket is likely a lot lower in his priority list.
This post was edited on 7/29/18 at 7:53 am
Posted by NoSaint
Member since Jun 2011
11267 posts
Posted on 7/29/18 at 8:00 am to
Ultimately, as the extended post indicates- you aren’t giving enough information to make a decision. Likely because you are reacting to the news on an emotional level and not as a business decision.

I’d advise that you re-frame your discussions.... but at a gut level do you believe that fans are going to read the liner notes, recognize the name and call you guys out? Seems a long shot... though possible
Posted by awestruck
Member since Jan 2015
10925 posts
Posted on 7/29/18 at 1:38 pm to
quote:

What do you do?
nothin

(at this point)

Does it implicate you in any manner? Were you around? Could you have stopped it? Were you even acquaintances? Did you know what he was up to before or afterward? Has he confessed or claimed innocence? Has the victim, their family, or an attorney approached you about this?

Just seems you could end up drawing more attention by changing things. It's not as if most people would associate that D'Riggs (created name 4 fun) or John Doe with your project, unless this guy has a name like Steve Bannon, Pope Francis, or Harvey Weinstein.
This post was edited on 7/29/18 at 3:32 pm
Posted by CocoLoco
Member since Jan 2012
29108 posts
Posted on 7/29/18 at 5:16 pm to
id do absolutely nothing right now. I could see this being a huge problem if he were the face of this band or has some of the biggest impact in the project overall.


Wait it out. Get the facts and everything. Then eventually repress it if necessary


Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63869 posts
Posted on 7/29/18 at 6:05 pm to
The news dropped in the last few days, still in the shocked phase. Nothing has been done regarding anything at this point.
Posted by deeprig9
Unincorporated Ozora, Georgia
Member since Sep 2012
63869 posts
Posted on 7/29/18 at 6:06 pm to
Coco, that’s how I’m leaning.
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