Costume Designers, Music Producers, and Sound Engineers.
Bring It On: All or Nothing
Taking Back Sunday
The Gaslight Anthem
Jimmy Eat World
Don’t be surprised if the above artists don’t seem familiar. That’s because you’re reading the biography section of the wrong book.
There are major musical acts that made their names and survived through collaborations at the local level. To the public and music industry, they will always remain a local act…but not for a lack of talent.
Even the biggest success stories in independent bands and artists did not stay with the same band they started out with. For example, a founding member leaves and is eventually replaced by another musician. As a result, there can be a point where no one from the band’s original line-up exists anymore.
Marriages in Virginia and Common Law Unions
In a world dominated by contract law, it seems like a marriage is a marriage, right? However, Virginia is one of the states that has not formally recognized common law unions. Or, in simpler words, Virginia cannot identify common law marriages as legitimate.
The legal definition of a common law marriage exists at the intersection of express contracts and implied contracts. Express contracts are the mutual agreements that have been written on a contract, whereas implied contracts are the agreement from the behavior of two parties. If individual A is acting in a certain way, in the presence of individual B, with little to no conversation about their relationship, this behavior can be seen as an agreement between A and B.
Note that “common law” refers to the behavior of two people, not making them law-abiding citizens. For clarification, these behaviors include living together “as if” they are married, eating meals together, commuting along the same routes, etc.
In such cases, two people can be seen as being “legally married” even if they never actually made the decision to marry. This, to some regard, lacks respect for those who do marry in Virginia. In the case of band issues, you can imagine some words being said that make a certain degree of sense about worrying about committing to “never-ending” partnerships.
How are Common Law Marriages Analyzed?
With the premise that Virginia does not recognize common law marriages, here are the elements to a legal union and how they controversially apply to common law marriages:
Confusion for the Music Industry
With common law issues in Virginia, if you want to know why your favorite band never makes it, you can most certainly balance your concern for their work at the studio with the need for personal time. If two musicians are “stuck” in a creative marriage, it can be tough for that to result in anything other than tension. And, it can be even tougher when they run into legal issues.
Addressing Creative Partnerships Without Recognition of Legal Rights
Many effects can come into play for Virginia in failing to recognize common law marriages. Among others, creative partnerships may not necessarily transfer value when a situation eliminates a problematic partnership.
For context, it did not help when you read “not legally married in Virginia” in an article about Virginia being married. It is like being in a ten-year contract and having to explain to everyone that you don’t want anyone else involved in the deal. It begs the question of how many people it takes to satisfy the deal.
In summary, Virginia’s ban on common law marriages has forced creative collaborations to identify their contributions and intentions early in the process. It has also resulted in situations where partnerships exist outside of the law, and some people walk away without the recognition they deserve.
