SF-Dano wrote:slucero wrote:
For business purposes, and specifically with Journey... the band has ALWAYS been a corporation.. it's how Herbie structured the band in the beginning.
This has been KNOWN for over 30 years...
Because they are a corporation.. All the members have to have employment contracts defining their status as shareholders in the corporation. It's the LAW. Each shareholders OWNS a percentage of the corporation, defined by the number of shares they are allotted. When a member leaves the band, for whatever reason, his shares must be bought out, at a price that was pre-defined OR is negotiated at the time of departure.
They were all "permanent" members...
- It's why Perry had to be bought out, as part of the buyout agreement, none of the other "oweners" could say anything disparaging about each other.. until the agreement expired.
- It's why Augeri had to be bought out, and likely can not disparage the band as part of the buyout agreement.
- It's why JSS had to be bought out, and likely can not disparage the band as part of the buyout agreement.
Non-shareholders are effectively only "employees" (hired guns)... they have no voting rights, and no band ownership... and can be fired at anytime... for any reason.
If Arnel does not own shares in the Journey corporation.. then he is only a contract employee.
How do you know that Journey still operates that way? Or that the singers that came after Perry were not just considered employees? If Journey operates as a Corporation still, then I would not be surprised if Schon, Cain, and Valory (possibly Deen also) were the only "share-holders" and the singers post Perry were all just hired-guns. This might also play into the fact of why singers post Perry have had very little creative or writing input in the songs. Employees can have gag orders and non-disclosure agreements placed on them too. Plus a little severance ("buy-out") encourages tight lips.
I have little doubt that if Journey has competent legal representation, they are hiring guys like Augeri, Soto, and Arnel on an "employee" basis. I would never hazard a guess on what terms are included in the employment agreements (such as possible severance/discharge terms), but just because someone is hired and introduced as a "permanent" member doesn't mean they are anything more than mere employees. Just because someone is legally a mere "employee" does not necessarily mean they are "at-will" employees. Look no further than contracts in another entertainment industry, the sports industry. You can have a definite-term employment contract and not be anything but just that: an employee. Why in the world would they allow these other guys membership/ownership stake in their "firm," especially knowing what they know about the way their catalog shreds singers?
BTW, if I had to guess, I would guess that Journey is organized as an LLC or (possibly) a limited liability partnership, not a corporation. It wouldn't make much sense for a band to incorporate given the variety of pass-through business entities available today (that weren't available when the band was first formed). Schon, Cain, and Valory would probably be members, and Deen and the revolving singers would be employees.