The drummer is suing as he is not being allowed to return to the band for the MusiCares and Grammy performances.
Joey Kramer has been on leave from the band from Spring 2019 due to a shoulder injury. Kramer has been replaced by his drum technician John Douglas whilst Kramer recovered. Upon expressing that he wanted to return to the band, the other band members of Aerosmith asked for him to send a tape to prove that he could play at an appropriate level. He did and it was said that there was a lack of energy in his playing and wasn’t up to the standard he should be to perform.
Kramer isn’t suing for money, he is suing so that he can re-join the band and rehearse with the band again so he can perform at the Grammy awards. He is disappointed that he is being removed from his rightful place to celebrate on stage with the rest of the band by performing with them.
Aerosmith are going to be honoured at the 2020 MusiCares person of the year award, two days before their Grammy performance and Kramer wishes to perform as he is an original member and wants to be honoured alongside his band mates.
Kramer claims that he had recovered in the Autumn of 2019 and is willing to return, but was asked to prove if he could play at an appropriate level.
The other band members of Aerosmith that his wellbeing is the most important thing and he hasn’t been either physically or emotionally fit to perform. They have encouraged him to re-join many times and he accepted when there isn’t enough time to be ready for rehearsals before the Grammy performance and would be disserving him and the fans as he does not have adequate time to prepare and rehearse. As well as this, they stated that after receiving his recording they called him a put his return to a vote with a 4 to 1 decision.
They asked him to join the band at both events as he is their brother and they want to be honoured alongside him. They just don’t want him to perform as they do not want to risk a performance with a band member who hasn’t been present for 6 months.
A way to avoid disputes within bands is to draft a band agreement: a document which discusses royalties, recording, song writing, disputes and members leaving. It is a form covering areas that could be issues in the future and how to resolve these issues. It is essential that bands do this in the early stages because, at the end of the day, a band is a business.
Written by Owen White Third Year Law Student at Solent University
