Can You Really Just Fire Your Drummer?

There’s a lot of talk these days about drummers getting fired.

As a drummer, it’s admittedly a bit concerning.

But, can a band really just go ahead and fire their drummer whenever they want?

The answer usually depends on the legal nature of the band, which in turn can depend on the jurisdiction in which the band business was formed. For example, many working bands in Ontario, Canada, absent any other agreement or action, would be deemed to be acting as a partnership under the Ontario Partnerships Act. The act says that unless you have a corporation, “Partnership is the relation that subsists between persons carrying on a business in common with a view to profit….”

The act also says that “No majority of the partners can expel any partner unless a power to do so has been conferred by express agreement between the partners.”

In other words, unless you have a written partnership agreement that says you can, if you’re in an Ontario partnership you can’t just vote out your drummer/partner.

On the other hand, a band partnership agreement could set rules for decision making and the terms for expulsion of a band member. Or an independent contractor agreement with a touring or session musician could help confirm that they were never a partner in the first place (and also the terms on which they could be relieved from their services).

So the simple answer is – maybe. Are you in a partnership? Are you a corporation? Is your drummer providing services to the band as a contractor? In all cases – do you have an agreement in place? Clarify the rules in writing, so you know for sure. And also, let’s all stop firing drummers.

(0% written by AI… is that a brag or an obvious, sad fact?)