Can I claim money from recordings I played on but did not write?

Claiming unpaid music royalties

Years ago I played in a band that released over 10 albums. I played on the "live" album and a follow-up studio album. I recently discovered that the albums are selling well to this day. I have not received a dime in 25 years. I did not write any tunes, therefore cannot seek help from ASCAP. Do I have any rights as a player to redeem past royalties?

There are three possible ways that you would be entitled to payments as a performer on the Curved Air recordings:

• You wrote or cowrote one of the compositions or you are entitled to song payments under a band publishing agreement.
• You signed a contract with the band or recording company providing for ongoing royalties.
• You were a member of a musician's union or organization and are entitled to payment under a collective bargaining or related agreement.

By your account, the first method of payment would not apply to you. However, you likely signed a written agreement for your performance guaranteeing ongoing royalties. Try to get your hands on that agreement and review it to see if it provides for ongoing royalties.

If you believe you entered into an agreement that provided for ongoing payments for your performance, contact the record company or entity that is current selling the recordings and seek to enforce the agreement. If the record company is fair-minded, you can work out a payment system. But if it is greedy or loathsome in any other way, you will probably have to hire a lawyer and chase the back royalties.

If you were a sideman -- that is, a hired musician and not a member of the band -- you may be entitled to payments under a union or related arrangement.

Union musicians in the United States and United Kingdom are entitled to payments if they performed on recordings distributed by major label and some independent label recordings. In the United Kingdom, there is an organization known as Phonographic Performance Limited (PPL) that distributes money to performers who have played on recordings released by British record companies. Its website is at www.ppluk.com; telephone: 171-534-1000, fax: 171-534-1111. If the albums were recorded under a union arrangement and the album is released by a U.S. record company, contact the American Federation of Musicians in the U.S. at 212-869-1330.