by Kai Stromler » Thu Jan 18, 2007 1:27 pm
Basically, you can't do it with the mixed version as it currently exists If the singer wants to block the release of his performance, he can do so legally, and you'll need to get someone else to re-record the vocals. Even if you wrote the lyrics, he still owns his recorded performance of them.
The issue of you paying for the recording doesn't enter into it unless there's a contract involved. If you didn't make the recording budget contingent on getting certain rights to the recorded output, which the band agreed to, you don't have any recourse. If you did set up a contract, then either they have to let you use the song, or they're on the hook for however much you put up for studio time. However, it doesn't really sound like you got a contract written or signed for this, because if that was the case, you wouldn't have to ask.
Because of the rights situation here, where you own copyright on the lyrics and have co-writer credits on the music, you and this band need to agree to a contract between each other before anyone starts selling this with regard to how profits are going to be split up. Speaking generally about underground music, it's probably going to sell trivially if at all, but the principle of dividing revenue in a fair and mutually-acceptable fashion is a hell of a lot more important to musicians than the actual couple bucks that they'll ever make from a recording.
--K