If you are a song co-writer, you have certain rights. But so does the other song co-writer. What rights do each of you have in the co-written song? Can you make further changes to the song without the co-writer’s consent, or sign off on the use of that song in film or television? Can you record a version of that song with musicians other than the co-writer? Can you release a recording of that song on iTunes or YouTube?
As we’ll see here, the answers aren’t as simple as one might think. As an entertainment lawyer, song co-writer disputes are one of the most common issues in the music industry.
Here are the key principles of co-writing that I’ve summarized and drawn from years of experience, to make it a touch easier on you.
1) There are always 2 copyrights in a recorded song, no matter how many Co-Writers are involved.
As we examined in detail here, there are two distinct copyrights in each piece of recorded music: one in the musical work or composition, and one in the sound recording of that composition. Within those two types of copyright, there are typically three parties that have control of the copyright: the writer, the performer, and the producer (known as the “maker” under the Copyright Act). The writer has copyright in the musical work, while the performer and producer are often granted a copyright in the sound recording. If the songwriter is also the performer on the sound recording, they are granted rights in both the musical work and the sound recording.
2) When More Than One Co-Writer is Involved, a Joint Work is Created.
When more than one song co-writer creates a composition, it is considered a joint work under the law. This means it is a “work prepared by two or more authors with the intention that their contributions be merged into inseparable or interdependent parts of a unitary whole.” A song acquires copyright protection when it is “fixed in any tangible medium of expression from which it can be perceived, reproduced”.
In other words, when you create lyrics or music, intending that someday they will be part of a song, your creation becomes part of a joint work when it is recorded on tape or written on a lead sheet along with someone else’s lyrics or music. Even though your individual contribution might have been separately protected under copyright law and suitable for copyright registration on its own, the song that results from the merging of the individual contributions of the songwriters is then granted copyright protection in its joint form.
3) Song Co-Writers each own undivided, equal interests in the whole song.
Unless you agree to some other division of ownership and income participation with your song co-writer, you will each own an equal share of the song (i.e. one-third each if three writers, one-quarter each if four, etc.). These fractional interests apply to the entire song, and separate lyrical and musical ownership rights to jointly created songs do not exist without a written agreement among the songwriters. In other words, it will be difficult in the future to separate the lyrics from the melody from the music, if you find yourself in a conflict with your song co-writer. You will both simply own half of the entire song.
4) Contributions to a joint work cannot be separated.
Without the consent of the other song co-writer involved, one writer can’t simply remove another co-writer’s contribution and get a new collaborator to replace it, because the original song co-writer will still own an equal share of the original composition, and that composition cannot be changed without that owner’s consent. The ownership share of the original collaborator may not be reduced by the addition of new writers without consent.
5) Each Song Co-Writer can grant non-exclusive licenses without the consent of the other co-writers.
Non-exclusive licenses are permissions for the use of a song that are not exclusively transferred to the party receiving the license. For example, most synchronization licenses for the use of a song in a motion picture or television program are nonexclusive, because the owner of the copyright usually reserves the right to license the use of the song to some other television or motion picture producer.
6) No Song Co-Writer may assign an exclusive right to a song without the consent of the other writers.
No song co-writer can deal with the publishing rights (that is, the ownership and administration rights) of the other songwriters. It is quite common for one song co-writer to assign his/her share of general music publishing rights, giving a particular publisher the same fractional interest in the entire song that the songwriter possessed before transferring the music publishing rights. For example, if you own 50% of the composition, you can transfer that 50% to a publisher in a publishing deal, but cannot transfer any portion of the remaining 50% that belongs to the other writer.
Other exclusive transfers of rights to the entire song are also forbidden. For example, no single collaborator can grant to a print music company the exclusive right to print sheet music of the song or grant to a sub-publisher in Italy the exclusive administration rights to the Composition throughout Europe.
7) All Song Co-Writers have a legal duty to account to each other for any monies earned from any use or exploitation of the song.
In its most basic sense, this just means each writer has to pay the others their equal share of monies received, but the “receiving” writer should also provide information about the source of the monies and a copy of any accounting statement received by that writer along with the payment.
8) Each Song Co-Writer also has a legal duty to give credit to the other writers wherever a printed or visual credit appears for any of the writers.
This would include on album inserts, iTunes, YouTube, in film credits, etc.
Conclusion
It is crucially important to sign a Co-Writer Agreement anytime songwriting occurs with more than one writer. Film producers will drop a song from being used in their production if a clear line of ownership cannot be established. If no Co-Writing Agreement can be shown, the producer will simply move on to the next song. The same can be said about songs being considered for advertisements (Apple has ‘made’ several careers), video games, etc.
The agreement itself is quite affordable, and will open doors for you for years to come. Contact me today to discuss further, and to discuss your favourite Eagles vocal.
132 Responses
That’s a very interesting article as I’ve had a little dispute with my co/writer. He wrote the lyrics, I wrote the music. He’s saying he can use the music in any way he likes without the consent of me. He’s decided he wants to create a charity cd and collecting all the songs and collaborations in one place but he’s not letting me have any input into the performance on the CD. He’s also asking other musicians to play on the CD. From a legal point of view is he allowed to do this. I have a signed a co-writer agreement we both signed. I’m
Just feeling like I don’t trust him as I’m not sure what he’s doing to the songs as I work abroad. I just want to be prepared. If you can help that would be great.
Happy to help you David. Email me to discuss further.
Best,
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
My co-writer of a tune we did in 1998 has infringed on our song and my half of the copyright. She got another writer to change the melody and kept 70% of the lyrics. From everything I’ve read it’s a blatant copyright violation. I’m told two things constitute it. The original writers heard the original tune and a substance amount of the tune was copied. She refuses to answer my email. I know she’s receiving them because her new co-writer answered me and basically said screw off. (He CC: her on email) They both take credit online for the new version. I’ve had it removed everywhere but soundclick.com….they’re playing games. Said they can’t find the copyright on Library of congress site . (Sound cloud found it! I can bring it up)
I have an artist interested in the original version. I’m in the USA. Can I get a non-exclusive contract without her consent? In the USA???? I see you’re in Canada. This artist would probably take a non exclusive contract….she’s a friend. Not sure her manager will let her but….
I’m definitely her nightmare these days. I told her…takes a lifetime to build a reputation and 5 minutes to destroy it…..I’m writing everyone! Pisses me off because I offered to negotiate and her co-writer spit at me. She never answered.
Regards,
David
Email David and we can discuss further. Sounds like a complex case, as they often are.
Best,
Kurt Dahl
Entertainment Lawyer
My name is Stephen Feldschneider. I co- wrote the song I don’t want you back with Herman Berry. Mr. Berry past away many years ago. I left USA in 1990 and now living in Vientiane Laos. I was in Partnership with Morty Craft back in the 80’s…. I was register with BMI.
I never collected any royalty in all these years maybe because I had no forward address
Today I notice that Jody Watley sold over 4 million albums “Flower” her 6th albums
in 1998. One of the song in her album was the song I co-wrote I don’t want you back.
Can you help me
email: Laofeld@yahhoo.com
Thank you
Regards,
Stephen Feldschneider
You’ll have to hire a lawyer to help you on this.
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
If I wrote a song with a guy but he said he doesn’t want any ownership of it, do I need to get that in writing or can I just register the copyright under my name as the sole owner of the song?
Definitely get something in writing, as registration with a PRO is not legally binding.
Thanks
Kurt Dahl
Entertainment Lawyer
Hi Kurt, Very clearly explained. Thank you
I have a question perhaps similar to that of David Dove above, but on the other side.
A singer composes lyrics for a instrumental number a musician had already created. They jointly record that song with the lyrics and each release a copy on their respective youtube channels (no money earnt)
Subsequently the singer wants to professionally record/release the song with different musicians on an album he is releasing with other songs/covers for sale.
The musician and co-owner of the song wont give consent for the recording/release of the song. The singer is proposing to give credit and rights to 50% royalty. It may be that the co-composer wants to have input into the release or possibly be the musician.
Does the singer need consent of the musician/composer in the work for which he has written lyrics?
The singer is going to drop the song from the release as does not want any unpleasantness. However, it would be good to know the answer.
Thank you
Neil
I have a business partner friend who is a lead singer and Co writer on a lot of albums for a famous band. Mostly European tours and he is the only American. He has not gotten paid on live performances, Co writing royalties, streaming. The other members are getting checks. This is a GEMA deal. He has not been registered with a PRO in the USA. Any advise would be appreciated. Thank you.
Sounds like he needs a US or German lawyer to track down some revenue that is owed to him. He should be registered with a PRO as well.
Kurt Dahl
Entertainment Lawyer
Please contact me about your book “I Won’t Let Go”. I need your help ASAP.
Sharie – please contact me about your book, I Won’t Let Go”.
Thanks for the article Kurt, great info!
I do have a question about joint works though.
Concerning the case of That’s a Plenty, composed by Lew Pollack, recorded and published in 1914.
Pollack died in 1946.
In 1949, a recording of That’s a Plenty was made and published with lyrics written by Ray Gilbert.
Can you speak of a joint work in this case?
Or are the lyrics copyrighted separately from the musical composition, the composition having fallen into the public domain by now (since it’s been published before 1923), whereas the lyrics are still under copyright protection?
Thanks a lot for clarification!
Bram
That is a great question! I would have to do some research on this to give an actual opinion
Kurt Dahl
Entertainment Lawyer
Hi Kurt. I have a situation with a co-writer. Your article has been very informative. I have not been able to collect my publishing royalties for some time now. The song continues to be re-cut and performed. There was a sub Publishing agreement in place But now there company claims it never existed.
Email me to chat further Melody. Happy to help if I can
Kurt Dahl
Entertainment Lawyer
Hello Mr. Kurt Dahi, my question is about songs I’ve written and received contracts for the… I will like to know when they change some of my words, do they now become co writer’s even though they said I will own 100% of my song and the music they produced for the song? This is a letter I’d send to the president of the company! Is it written in the way it should be… By the way I will be needing a entertainment attorney in the very near future and would like to get the chance to see if you will represent me in the near future?
Dear Mr. Ronnie James,
My name is Larry Perry, Sr. and I am writing in regard to my contracts I’ve received. First, I will like to give thank to Songwriter,s Music Group, for choosing my songs to record… After carefully looking them over I noticed some areas of concern…
I understand by signing the contract I will own 100% of my song, is this correct?
Now by Songwriter’s Music Group changing some wording to my song, wouldn’t that make Songwriter,s Music Group Co/writer’s?
And if so what percentage will Songwriter’s Music Group own of my song’s? How will you figure out the percentage?
Lastly, how come and why do Songwriter’s Group give $50,000 in a bonus? So it doesn’t say in the contract that Songwriter’s Group will be part owner of my song once the words has been altered!
This is of the up most impotence to know these things before I can sign on the dotted line…
I will like to think Songwriter,s in advance for addressing my concerns!
Your truly,
Larry Perry, Sr.
Hi Larry. I can assist if you are based in Canada. Not sure I understand your request here RE the letter.
Thanks
Kurt Dahl
Entertainment Lawyer
i have a situtation where a relationship between my band and a ghost co writer has turned sour and he now says he is not giving permission for any of the songs he co wrote to be released by us – is he allowed to stop us from releasing or is the fact that he wrote songs with us knowing we would release them one day enough?
Hi David. Without something in writing from the outside writer, unfortunately he would indeed be able to stop you from using the compositions. Email me for further assistance and we can see about having the ghost writer sign off on something. Thanks
Kurt Dahl
Entertainment Lawyer
Hi Kurt
3 of the writers of a song want to release it with one artist but the 4th writer don’t want to… catch 22 ? Or it can be released as the majority supports it ?
No, even a 1% writer can stop the rest from releasing the song.
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
Great article!
I’m in a situation where I have written and recorded piano tracks to go along with a few songs (consisting of vocals, guitar and piano) on someone’s upcoming album and I’m not sure whether they think I was doing it pro bono or not (should’ve probably discussed it earlier!). I’m meeting them in a couple of weeks to discuss things further and I’m wondering what the best form of copyright to get would be? Having a 50/50 split seems harsh since they wrote the song and recorded vocals and guitar but I want some sort of recognition for my writing and some financial benefit.
Any advice would be appreciated, thanks a lot!
Martin
Hi Martin. I would have to hear the song before and after your contribution, but suffice to say that you should talk with them about what % of the composition is yours, and what both sides feel is fair.
Kurt Dahl
Entertainment Lawyer
I have a song I co wrote with two other people. We wrote this song for my upcoming EP. The recorded version is done but not released. It will most likely be released within the next 2 months thru a record label. One of the co writers have asked to perform this song at his Gigs. I know he’s a co writer of the song, but will this mess up my chance to release my produced version of it thru a record label?
Nope, that shouldn’t be an issue unless that person releases a recording of it somehow. But I don’t see any issue here.
Kurt Dahl
Entertainment Lawyer
I wrote several songs with another writer over a decade ago. We recorded and performed the songs together. Is it legal for me to post the songs for free download? The songs aren’t being sold and no monies are being made from the downloads. Completely free just so people can enjoy the songs.
Technically you should get his/her permission
Kurt Dahl
Entertainment Lawyer
An ex-bandmate and I wrote and recorded several songs together. I am no longer a part of his band, but now he is using the recordings that I made and songs that I co-wrote with him (I wrote the music and he wrote the lyrics/vocals) for his “new” band with people who didn’t write or play a single note on the recordings, and now they’re trying to sell the recordings as their “new EP” and trying to get signed to an independent record label with the songs that he and I wrote and recorded together… We don’t have any kind of written agreement as far as who owns the rights and whatnot, but I own all of the master recording files as I am the one that recorded and produced all of the tracks, and all he has is the finished MP3s… What am I entitled to if his band happens to get signed and they sell the recordings of my performances, and if they play those songs live?
Thanks!
-Brad
Hi Brad
If you haven’t given away your rights to the performances on the record via an agreement, they have no right to use your performances without your consent. Same goes with your contributions to the songwriting. So they need to reach an agreement with you if they wish to use the songs and masters.
Kurt Dahl
Entertainment Lawyer
This is a really great piece of info. How about I share a story also. I am a composer/producer of R&B and Pop compositions. I got my first break in 2002. The group I worked with was called LJ, and they are a r&b act out of Atlanta, Ga. They needed someone to help them with songs because they didn’t have any. They were college basketball players aspiring to be recording artists. There vocal talents caught the ear of a independent radio promoter who had currently worked as Vice President of Promotions at Warner Brother Records. Once they met this guy, he said he would love to hear some original material. Keep in mind now, these gentlemen were not songwriters, but I help them craft songs and we began to make songs they seem promising. Since I was already armed with a catalog of music I had written, I went into my catalog of copyrighted music and decided to see what would work with their style of music. We ended up using about 13 of my compositions. The independent promoter heard them and discovered that this was worth the investment of time and resources. He then flew me down to Atlanta to work on more material for a possible album, but at that time he still wasn’t sure what he wanted to do because to be honest he was great a promoting records, not being a record label head so he took his time about how he would execute his goal while we stayed creative in the studio. One day the independent promoter took me to a law firm named Greenburg Trauig. I met a lawyer named Vernon Slaughter. They handed me a contact. I did not sign because at the time I didn’t have a lawyer, and boy was that contract thick. The independent promoter tried to get me to sign a vague contract before I went to the law firm pretaining to production and publishing. Once again I did not sign. However, I noticed that the independent promoter was taking the songs we had without proper mixes to this lawyer. So what the independent promoter guy did was take each song we did, which at the time 13 songs, and make ten copies per song on a cd. I didn’t think anything of it, and besides I had my composition to those songs copyrighted with the Library of Congress before I even knew these guys. I asked why did he give the cds to Vernon and he said it was for the publishing procedure. As weeks went by we were finishing the post production to what would be a album by these guys, and the independent promoter decided he would start a label based on this project. He said he wanted to start a label and publishing company. Keep in mind, I haven’t signed ANYTHING still, and I still have my material copyrighted. As we finish mastering the album in Jan 2003 and I still hadn’t signed any contract whatsoever, I decided to copyright all the songs, but this time with the lyric and music, since the music was already copyrighted before hand. I put all of the songs we worked on, and I put all of our names on the copyright. Their were authorship was credited via lyrics, my authorship was credited via music, melody arrangement, and song sequence. It took us about 4 months to hammer out a deal. I must say, I was exhausted with this process, but I found it strange that I was doin this after the album was done and not before because most of the time labels do the business before writing a check to go into the studio, master, etc. Now, I got my lawyer and I am pretty excited and he presents three contracts to me: A producer agreement which would based on the terms and conditions of the album, a non-exclusive producer agreement which basically gave the power of management to the independent promoter in which he would have to shop my work to labels like Warner Brothers since he had a lot of relationships there, and a LLC operation agreement for the publishing company he said he wanted to create which would give us equal a share in the publishing revenue since it was 4 of us. I had my lawyer, Kendall Minter, make a amendment in the operating agreement that would allow me to function my own publishing company outside of this arrangement without their participation since I was already a ASCAP writer/publisher. So now that the ink has dried we were officially in business!! Fast Foward to August 2003. The independent promoter now has his label, his artist, album and producer. The album had 14 songs, I produced and composed 13 of them. Now, since he had access to small, medium, large radio markets he decided to promote 2 songs at the same time on different formats. One was released on Urban AC radio station and the other was released on Urban radio stations because of its hip-hop vibe and influence. Within one month of being released one the songs had debut at #39 on the Billboard Adult R&B Charts. However, I didn’t find this out until years later because they didn’t want me to know this for some reason. The second record was starting to take flight also with it approaching the Billboard Hot 100 to debut at #99. I was very excited and ready to begin a fruitful career being a working professional producer/songwriter/composer after 10+ years of paying dues and honing my craft. The work was finally paying off..so I thought. He kept promoting the records as each song began getting more adds at radio stations across the country, and then he released the album on physical and digital formats through digital distribution such as Itunes, CDBaby, and various others. In November of 2003, I got a call from the independent promoter and now the head of the label I just made a bunch of records for to meet him in New York for a breakfast meeting. I go to NYC (at the time I’m in New Jersey) and we sit down and we start talking about whats goin with the record and how its performing and what the next moves should be. Now, mind you at this time I didn’t know about any chart action or anything. He then told me that one of the songs was in the top 30 on the now defuncted Radio and Records Urban AC chart which was powered by MediaBase. I was super excited, and I thought we would get some major attention from bigger distribution companies like Sony or Universal. But instead he said he wanted to keep it “small” and instead he wanted me to remix every song with new music, and he would pay me $200 per track under the table without lawyers involved and I would get another $200 per track when I delivered the final product. I personally felt uneasy about this and declined because I could not understand why I needed to remix everything and do it for much less especially after my productions were proven to be effective on the charts with unknown recording artists. The meeting was over, and that was that. Months went by, and I had not heard anything from anybody. He also pulled the records off the radio one week before both records would land on Billboard Hot 100 chart. My lawyer wasn’t returning my calls, the independent promoter/label head went radio silent after our meeting, and I didn’t know what was going on with the recording artist or progress of the album for that matter. The label had a website which showcased the artist, and myself but this time my bio, my image, and my name had been scrubed off the website. In the coming weeks from that point ASCAP had start to send out monies to writers/publishers for radio performances. I got my ASCAP envelope in the mail eagerly waiting to see how much I would receive for so much significant airplay, and BAMM!! I was told I had no titles or songs for payment. Zero. I was confused and I immediately call my attorney, Kendall Minter. Before I called him, I was able to retrieve performance info on the songs that the independent promoter/label head was reluctant to give me, as a matter of fact he only shared radio charts and things like that with the recording artist and their road manager at the time. Luckily, I knew the sister to one of the group members, and she was able to confiscate charts, and radio log sheets showing detail of the spins in over 60 U.S markets and counting. I went from confused to angry. I then decided to called ASCAP, and they told me to check the database they had just created in which you can see the writers and publishers of each song, and since they were new members of ASCAP I could see what was going on with these compositions. I was shocked to find out that someone had taken my name off the writer credits and instead it said they were the composers and I wasn’t. How could that be especially if I had already written the music before these guys ever knew me..and I got the copyright to prove it. I get my attorney on the phone, and his secretary tells me he is on a call, and I tell her I need speak with him in reference to these matters because I believe its quite serious especially when you have music thats really out there, charting on major charts, and your name is taken on purpose. I fax all the info to give to him which’s shows everything from radio analysis in several markets and their respective stations to actually emails from CDBaby.com shown that the cd was sold everywhere like Japan, Arizona, Germany..EVERYWHERE!!! I can just imagine how many was sold on iTunes because I know people who personally bought it just to support me. My lawyer, Kendall Minter, then told me to stop calling him with this because he had “million dollar deals” he was working on. I was shocked especially since I had paid him over $3000 for his services and because I didn’t know my attorney would turn on me like that especially when I just told him my rights as a copyright holder and songwriter was being violated with proof. I then called the independent promoter/label head, and like I thought would happen I could never speak to him because he was always “busy”. I decided to write him a email and explain to him how disturbed I was about this matter, and it should be taken care of ASAP. He responded by saying the recording artist was no longer on the label. So it was officially over. Years went by and I called my attorney who represented me, and I asked about these matters again because he was still selling the cd on these digital platforms and my name was still removed from the writer credits but not the producer credits, and he had now put a fake phone number by name in the linear notes with my photo so nobody could get in contact with me. Kendall, the attorney, told me well thats how things go, and since he didn’t send royalty statements it was one of those things I had to just chalk up as a lost, and even to this day he still selling my work on the internet and now its on Spotify, Pandora. I feel like my music was stolen, and my lawyer help them do it. I didn’t sign any songwriter/composer agreements in connection with the publishing company we established but I noticed the recording artist did, and I also noticed also they signed a copyright assignment which states: KNOW ALL MEN BY THESE PRESENTS: FOR AND IN CONSIDERATION of the sum of One ($1.00) Dollar and other good and valuable consideration, receipts of which is hereby acknowledged, the undersigned does hereby sell, assign, transfer and aet over unto ___________, its successors and assigns, all rights, title, and interest in and to copyrights in the following musical compositions which were written by the following indicated persons.
Question: if a song is words and music, and they clearly didn’t write the music because my copyright proves it was already done, how could they assigned the entire copyright over without my knowledge and permission if I wrote 50% of all the songs via music? Why would my lawyer not ask for a songwriter/composer agreement if I was apart of the publishing company like them, and both my lawyer and the artist and independent promoter/label head knew I had already written this music? Would there have to be a license or consent on my part as a copyright owner especially if technically the song are actually derivatives of my previous work? I smell infringement..and I think I should sue..even if it has been at least 10+ years. What do you think sir?
Oh I ask the artist, and they said: “we copyrighted our lyrics, and thats what we got paid for. ASCAP gave us our money from our lyrics.”
That has to be stupidest thing I have ever heard..especially knowing a song is both lyrics and music. Right? I’m thinking the label head/independent promoter got them to sign over their copyright to the lyrics.
I know I just wrote a freakin book here. My apologies lol.
This is a really great piece of info. How about I share a story also. I am a composer/producer of R&B and Pop compositions. I got my first break in 2002. The group I worked with was called LJ, and they are a r&b act out of Atlanta, Ga. They needed someone to help them with songs because they didn’t have any. They were college basketball players aspiring to be recording artists. There vocal talents caught the ear of a independent radio promoter who had currently worked as Vice President of Promotions at Warner Brother Records. Once they met this guy, he said he would live to hear some original material. Keep in mind now, these gentlemen were not songwriters, but I help them craft songs and we began to make songs they seem promising. Since I was already armed with a catalog of music I had written, I went it my catalog of copyrighted music and decided to see what would work with their style of music. We ended up using about 6 of my tunes. The independent promoter heard them and discovered that this was worth the investment of time and resources. He then flew me down to Atlanta to work on more material for a possible album, but at that time he still wasn’t sure what he wanted to do because to be honest he was great a promotioning records, not being a record label head so he took his time about how he would execute his goal. One day the independent promoter took me to a law firm named Greenburg Trauig. I met a lawyer named Vernon Slaughter. They handed me a contact. I did not sign because at the time I didn’t have a lawyer, and boy was that contract thick. The independent promoter tried to get me to sign a vague contract before I went to the law firm. Once again I did not sign. However, I noticed that the independent promoter was taking the songs we had without proper mixes to this lawyer. So what the independent promoter guy did was take each song we did, which at the time 13 songs, and make ten copies per song on a cd. I didn’t think anything of it, and besides I had my composition to those songs copyrighted with the Library of Congress before I even knew these guys. I asked why did he give the cds to Vernon and he said it was for the publishing procedure. As weeks went by we were finishing the post production to what would be a album by these guys, the independent promoter decided he would start a label based on this project. He said he wanted to start a label and publishing company. Keep in mind, I haven’t signed ANYTHING still, and I still have my material copyrighted. As we finish mastering the album in Jan 2003 and since I still hadn’t signed any contract whatsoever, I decided to copyright all the songs, but this time with the lyric and music, since the music was already copyrighted before hand. I put all of the song we worked on, and I put all of our names on the copyright. They were authorship was credited via lyrics, my authorship was credited via music, melody arrangement, and song sequence. It took us about 4 months to hammer out a deal. I must say, i was exhausted with this process, but I found it strange that I was doin this after the album was done and not before because most of the time labels do the business before writing a check to go into the studio, master, etc. Now, I got my lawyer and I excited and he presents three contracts to me: A producer agreement which would based on the terms and conditions of the album, a non-exclusive producer agreement which basically gave the power of management to the independent promoter in which he would have to shop my work to labels like Warner Brothers since he had a lot of relationships there, and a LLC operation agreement for the publishing company he said he wanted to create which would give us equal share in the publishing revenue since it was 4 of us. I had my lawyer, Kendall Minter, make a amendment in the operating agreement that would allow me to function my own publishing company outside of this arrangement without their participation since I was already a ASCAP writer/publisher. So now that the ink has dried we were officially in business!! Fast Foward to August 2003. The independent promoter now has his label, his artist, album and producer. The album had 14 songs, I produced and composed 13 of them. Now, since he had access to small, medium, land large radio markets he decided to promote 2 songs at the same time on different formats. One was released on Urban AC radio station and the other was released on Urban radio stations because of its hip-hop vibe and influence. Within one month of being released one the songs had debut at #39 on the Billboard Adult R&B Charts. However, I didn’t find this out until years later. The second record was starting to take flight also with it approaching the Billboard Hot 100 to debut at #99. I was very excited and ready to begin a fruitful career being a working professional producer/songwriter/composer after 10+ years of paying dues and honing my craft. The work was finally paying off..so I thought. He kept promoting the records as each song began getting more adds at radio stations across the country, and then he released the album on physical and digital formats through digital distribution such as Itunes, CDBaby, and various others. In November of 2003, I got a call from the independent promoter and now the head of the label I just made a bunch of records for to meet him in New York for a breakfast meeting. I go to NYC (at the time I’m in New Jersey) and we sit down and we start talking about whats goin witht the record qnd how its performing and what the next moves should be. Now, mind you at this time I didn’t know about any chart action or anything. He then told me that one of the songs was in the top 30 on the now defuncted Radio and Records Urban AC chart which was powered by MediaBase. I was super excited, and I thought we would get some major attention from bigger distribution companies like Sony or Universal. But instead he said he wanted to keep it “small” and instead he wanted me to remix every song with new music, and he would pay me $200 per track under the table without lawyers involved and i would get another $200 per track when I delivered the final product. I personally felt uneasy about this and declined because I could understand why I needed to remix everything and do it for much less especially after my productions were proven to be effective on the charts with unknown recording artists. The meeting was over, and that was that. Months went by, and I had not heard anything from anybody. My lawyer wasn’t returning my calls, the independent promoter/label head went radio silent after our meeting, and I didn’t know what was going on with the recording artist or progress of the album for that matter. The label had a website which showcased the artist, and myself but this time my bio, my image, and my name had been scrubed off the website. In the coming weeks from that point ASCAP had start to send out monies to writers/publishers for radio performances. I got my ASCAP envelope in the mail eagerly waiting to see how much I would receive for so much significant airplay, and BAMM!! I was told I had no titles or songs for payment. Zero. I was confused and I immediately call my attorney, Kendall Minter. Before I called him, I was able to retrieve performance info on the songs that the independent promoter/label head was reluctant to give me, as a matter of fact he only shared radio charts and things like that with the recording artist and their road manager at the time. Luckily, I knew the sister to one of the group members, and she was able to confiscate charts, and radio log sheets showing detail of the spins in over 60 U.S markets and counting. I went from confused to angry. I then decided to called ASCAP, and they told mento check the database they had just created in which you can see the writers and publishers of each song, and since they were new members of ASCAP I could see what was going on with these compositions. I was shocked to find out that someone had taken my name off the writer credits and instead it said they were the composers and I wasn’t. How could that be especially if I had already written the music before these ever knew me..and I got the copyright to prove it. I get my attorney on the phone, and his secretary tell me he on a call, and I tell her I need speak with him in reference to these matters because I believe its quite serious especially when you have music thats really out there, charting on major charts, and your name is taken on purpose. I fax all the info to give to him which’s shows everything from radio analysis in several markets and their respective stations to actually emails from CDBaby.com shown that the cd was sold from everywhere like Japan, Arizona, Germany..EVERYWHERE!!! I can just imagine how many was sold on iTunes because I kniw people who personally bought it just to support me. My lawyer, Kendall Minter then told me to stop calling him with this because he had “million dollar deals” he was working on. I was shocked especially since I had paid him over $3000 for his services and because I didn’t know my attorney would turn on me like that especially when I just told him my rights as a copyright holder and songwriter was being violated with proof. I then called the independent promoter/label head, and like I thought I could never speak to him because hw was always “busy”. I decided to write him a email and explain to him how disturbed I was about this matter, and it should be taken care of ASAP. He responded by saying the recording artist was no longer on the label. So ut was officially over. Years went by and I called my attorney who represented me, and I asked about these matters agsin because he was still selling the cd on these digital platforms and my name was still removed from the writer credits but not the producer credits, and he had now put a fake phone number by name in the linear notes with my photo so nobody could get in contact with me. Kendall, the attorney told me well thats hiw things go, and since he didn’t send royalty statements it was one of those things I had to just chalk up as a lost, and even to this day he still selling my work on the internet and now its on Spotify, Pandora. I feel like my music was stolen, and my lawyer help them do it. I didn’t sign any songwriter/composer agreements in connection with the publishing company we established but I noticed the recording artist did, and I also noticed also they signed a copyright assignment which states: KNOW ALL MEN BY THESE PRESENTS: FOR AND IN CONSIDERATION of the sum of One ($1.00) Dollar and other good and valuable consideration, receipts of which is hereby acknowledged, the undersigned does hereby sell, assign, transfer and aet over unto ___________, its successors and assigns, all rights, title, and interest in and to copyrights in the following musical compositions which were written by the following indicated persons.
Question: if a song is words and music, and they clearly didn’t write the music because my copyright proves it was already done, how could they assigned the entire copyright over with my knowledge and permission if I wrote 50% of all the songs via music? Why would my lawyer not ask for a songwriter/composer agreement if I was apart of the publishing company like them, and both my lawyer and the artist and independent promoter/label head knew I had already written this music? Would there have to be a license or consent on my part as a copyright owner especially if technically the song are actually derivatives of my previous work? I smell infringement..and I think I should sue..even if it has been at least 10+ years. What do you think sir?
I have a song i wrote with another writer. we have interest for placement on a major label artist. The other writer now doesn’t want the song to be released or pitched any further with no reason. That’s not fair to me. What happens in this case?
Get a Co-Writer Agreement in place that gives you admin rights so you can use the song without getting the other writer’s consent every time. If they don’t want to sign it, then you need to discuss this further with them as neither of you stands to gain anything from the song unless it can be used and exploited.
Kurt Dahl
Entertainment Lawyer
I co wrote a song that which we had copywritten in 1981. I just found out he recorded and released and re-copyrighted without my name in 2015 and selling online all around the world. He also put another person co-writer. The changed the intro music, and added talk on the end. Everything just the same He had given me a few cords, and I wrote the complete song. Is this legal. I found out by accident.
What should I do? I am with BMI.
That’s not legal Anthony. Contact your publisher and hire an entertainment lawyer.
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
I paid writer/producer to help me write and produce a song.
I had contributed to the lyrics and melody and the vocals are mine, at the start of the conversation was that I pay for the song and it will be mine to do as I want.
He said yes it’s yours.
now he wants it to be split into shares.
Is that right, as I paid him for his services.
he was not expecting the song to sound so good and when he realized I was going to promote it. he said that is how things work.
he will give me rights as to use it how I please but whilst I do that he will get a 50% cut.
Can you please tell me if that is right?
Hi Lauren,
Sounds like you need to hire a lawyer in your area. And have a Producer Agreement drafted.
Kurt Dahl
Entertainment Lawyer
Hi kurt, great article but I have a question about co-writing
I co-wrote a song with someone (me the music and them the lyrics/melody) but decided due to troubles with the lyricist to find another lyricist and singer. Neither of the songs have been released but I am wondering if legally I am allowed to find a new partner to record on a track without the consent of the previous partner
Hi Peter,
Are you using the old lyrics or new ones? If the old lyrics are being used at all, that’s a no-go without his consent.
If all new lyrics are being used, it’s still a tough one because the song is a joint work and you can’t separate the contributions under the law unless you agreed on that in writing (i.e. that you wrote the music and he wrote the lyrics).
Ideally, you get the other writer to agree via email that the music is yours and lyrics are his, and that will at least give you peace of mind going forward.
Email me to discuss further
Thanks
Kurt Dahl
Entertainment Lawyer
On a first recording, can any one owner of the copyright license mechanical reproduction rights, or would the law require unanimity? It seems since the first use can only be granted once, it would be considered more of an exclusive right and require unanimity, but I can’t find anything in the copyright law confirming that.
Hi Cori,
I always ensure that this precise topic is covered in Co-Writer Agreements, i.e. who has the right to issue the first-use. If nothing is agreed to in writing, things get murky. Arguably, no one writer could issue a first-use license without the consent of the others, absent an agreement that states otherwise.
Kurt Dahl
Entertainment Lawyer
MY artist have co written a song with the hit hip hop group Megos and have not gotten paid. But name does appear on credit. Please help us. 404 509 8207 Steve BUCK Powell.
How complex does a work for hire need to be to get the on done. A song I cowrote is going to serve two purposes. One is to pitch to major label artists and the other is to pitch for sync. For sync do I need a legal Work For Hire drawn up or can I take use one a mentor sent me? How elaborate does the work for hire need to be. We compose our own tracks in our studio where we play all instruments and/or use pre cleared samples. Thanks. Pam
Send me the document you plan to use and I’m happy to give my opinion Pam.
Best,
Kurt Dahl
Entertainment Lawyer
I have songs that I wrote and already released that I’m remixing by either extending the song to add a verse from other artists, or dropping one of my verses to make room for their verse. Will the artists I collab with have some rights to the original song too? or just the remixed versions that they’ve written and performed on. Just curious on how to fill out these split sheets
Hi Bia,
Sounds like they would just have rights to the new songs, not the original versions.
Thanks
Kurt Dahl
Entertainment Lawyer
Good evening. I have Co written a song with another person he sent me a rough demo of the song. I took it to a studio and a friend recorded it with a slightly different composition. It was originally a country song but the new version of more folk. the person that recorded it just done it as a friend. Where do I stand in this now as an artist is interested in recording it. The version that she will record will be the version that was recorded in my friends studio. Do I need to contact the co writer ? Thanks for your help regards John.
Sounds like something in writing would be quite beneficial, as there are different rights floating around and different versions of the composition as well.
Kurt Dahl
Entertainment Lawyer
Hello Kurt,
I have a co-writing question. Many years ago I wrote three songs with an amateur songwriter which I copyrighted, listing both of us as joint writers. In the event that there is interest from a publisher, how do I notify him? I have neither seen nor heard from him in thirty years and have no idea how to contact him. I’ve written his wife (ex-wife? widow?) who is a best- selling author, asking for Jim’s contact information. No response. There is no mention of him online. He may be dead. What is my legal obligation to provide information about this man? I want to do things by the book. Fwiw, I am the sole publisher by default.
Thanks for your help!
I would suggest that you must do your due diligence in contacting him, which it sounds like you have. If no response, then at least you can point to your email records to show that you tried to make contact, if he/his estate comes knocking years down the road
Kurt Dahl
Entertainment Lawyer
Hi Kurt. I co-wrote a song with a buddy in Japan. I live in the US. I wanted him to join a PRO so I could register the song with BMI. He refuses to register for a PRO for some reason. He did however sign a contract with me that I could register with BMI and collect all the royalties but I’m to pay him his share if we make anything. Is this legal?
Thanks,
Melvis
Hi Melvis,
It sounds legal to me. I have done deals int he past where one writer collects/administers all revenues and pays out the other writer. Not every songwriter must join a PRO, so if he chooses to leave the accounting in your hands, that is his legal right.
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
I wrote a musical with my own lyrics and got it copyrighted in 2017. I’ve been working with a lovely composer on the music. I’m assuming I will need to update the copyright and add her name. Who will own the rights to the musical at the end of the day?
Hi Vilma
Yes I would suggest updating things to reflect the composer. You would be the writer/lyricist and she would be the composer, so you both have your own rights in the final piece of art. I would suggest getting something in writing between the two of you that gives you the right to exploit and administer the musical, so you don’t have to get her written approval for all future uses.
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
I’m in a conflicting situation with former bandmates. I cowrote about 7 songs with my band at the time. It was a 3 piece with me in it, currently a 2 piece. We did not have anything in writing, so by default, each of us gets 1/3 of the writing credit for a joint work. I’m not in the band anymore and the remaining 2 members are moving forward with producing the songs I cowrote. I gave them consent to produce the songs.
The producer is going to write with the band on the songs that I worked on and is going to take a writing percentage from those songs. The writing percentage that the producer takes should come out of the remaining band members’ percentage and not mine, correct? They’ve been telling me that 33% is too high and is not right because they are going to split their percentage further with this producer. I feel I’m exercising my rights as a cowriter, but the other band mates disagree, so it’s getting a bit messy. They want me to lower my percentage.
Thanks for all your help!
Hi Kevin,
That is a great question, and a very unique situation. I would have to research this further in whatever jurisdiction you’re in. I see your perspective but also theirs, as the final song being released may not contain 33% of your contributions. And you’ve given them consent to proceed with such further writing. Much depends on how much they want you to lower your rate, and that will be a negotiation of some sort. Email me to chat further and we’ll see if I can help.
Kurt Dahl
Entertainment Lawyer
Can I use music I buy on the internet as instrumental music for my musical? It would be used as underscore or transition from scenes, possibly as a dance number. The website says no royalty added. If I purchase the music. And it also states I cannot add lyrics, which I don’t intend to do. But would love to use it as a dance between the actors. My musical is copyrighted, do I need to add the person I buy the music from?
Yes, so long as the agreement from the particular website allows you to
Kurt Dahl
Entertainment Lawyer
Hey there great info!! I think I need to set up an appointment with you! I too co-wrote with an ex of mine. I have text messages from him stating he would sign contracts with me etc… even asking me for contracts recently. The problem is he’s psychotic and every time I try and contact him he threatens to not allow me to use any of my music bc of our own personal turmoil. Then turns around and promises me not to throw my music into my face. Please help, I don’t know what to do. He only wrote a portion of lyrics, I wrote the rest and I sing them while my producer and I write all the music meaning the instrumentals and a few lyrics together as well. I’m worried this ex of mine isn’t going to sign a contract just to hold it over my head. I’ve spent too much money and time into my music and I’m trying to film a video and send things to a few inside record label connections and I can’t do that without this guy signing something. I feel hopeless. Please help! I’m so desperate at this point. I’m worried my dream could be ruined!
Hello Kurt, I have written some lyrics, (amateur) and I live in Australia. I met a music producer in Australia when he was here on a year-long holiday, in September 2018. He gave me his email and said I could send him some of my song lyrics.
So while he was traveling, I had sent him by email 3 of my lyrics (about 6 months ago) and heard nothing from him so presumed they were no good. (I wrote my name and the word ‘copyright’ on the bottom of each lyric that I emailed.)
He has emailed me now (July 2019) and has said he is back in London (his home town), and is ready to work on new music and for me to feel free to send him any more ideas for songs or lyrics…. he did not comment on the 3 songs I had already sent to him 6 months ago.
Should I send him any more lyrics – are the ones I did send him still mine – by just writing ‘copyright’ and my name is that enough? (I did get a justice of the peace to stamp and sign the originals – although I have changed some of the lines since but the majority would be the same.
I probably would not have a chance to make any money from them myself as I do not sing or write music and have no contacts…. so have I got anything to lose? It seems a bit presumptuous to talk about contracts with him when I don’t know where I stand with him or his intentions, or if they are even any good etc. But if they are… is it naive for me to send more.
Thank you for any advice you can offer.
You can always email the lyrics to me and at least we’ll have a time stamp that would carry more weight because it’s to a lawyer. I’m happy to help you Christine.
Kurt Dahl
Entertainment Lawyer
When a songwriter writes music for a artist, who owns the copyright, masters, publishing, etc.
Ex. Artist A is a successful singer, composer, songwriter, etc.
Artist B is equally successful and hires Artist A to write a song.
Does Artist A retain the masters, copyright, etc., or does it transfer to Artist B and their record label?
It really comes down to the 2 different copyrights in the song. See my article on these 2 copyrights. Artist A would always own the composition if they wrote it (and Artist B and any other artist could record it). If Artist B records it, B would own the master and would pay mechanical royalties on the master sales to A. And all songwriting revenues would go to A as well.
Hope this makes sense
Kurt Dahl
Entertainment Lawyer
It would be very interesting to see how these deals get down with big time record companies controlling so much interest of the musician. For example, I’ve read from a few sources including from Curtis Mayfield and from a wonderful article by Todd Mayfield with Travis Atria about the conflicts with the soundtrack album Super Fly.
Whats interesting is Curtis was able to take full credit for the instrumental songs Junkie Chase and Think, which in reality were basically put together with the tune and instrumentation arrangement by Johnny Pate, and he wanted credit on the album and songs yet Curtis refused and won.
BUT on the other had Curtis did write the lyrics for all the other songs and got credit for it, yet for one song. For some reason on the song Pusherman Curtis had to share writing credits and yet there is no historic or any evidence these other musicians had anything to do with the lyrics and Curtis says he wrote that song:
Songwriters: Curtis Mayfield / John Cale / James Moore / Scott White / Willie Jr. Roy / James Wallace
? I wonder why?
It would be interesting to hear from someone who knows the story behind that particular song and why Curtis had to share writing credits and it it was something to do with the Rights management company.
Good point Tom, thanks for sharing
Kurt Dahl
Entertainment Lawyer
Hello,I have a question.
If I wrote a set of lyrics completely on my own, if I were to show it to other writers or producers etc. And I had no protection on the lyrics could they technically be able to steal my lyrics??
Email them to yourself so you have a date at least. Or email them to me so you have a date with a lawyer, even better.
Kurt Dahl
Entertainment Lawyer
I am curious. What if an independent artist has created a song that borrows lyrics from a well known song. Can that artist simply just add the original song writer(s) as co-writers to this new creation? … Or is there a bigger process? Does explicit permission need to be given no matter what?
You’d have to negotiate with the original writers in terms of what % they get. You can’t just arbitrarily pick a number. That would get you sued if the song has any sort of success.
Kurt Dahl
Entertainment Lawyer
What happens if a co-writer dies?
I wrote a song 4/5 years ago with another person. 50/50 split (no agreement) as the song never got finished and we were both unsure about it. I want to revive the record and finish it (even without his input I’m still happy to keep the 50/50 split) but when I went looking for him I found out he had died.
I know I’m able to finish the song and release it, but I’m unsure how to take action in regards to his executors and I’m kind of afraid they will get greedy and start doing way too much.
His rights would go to his estate, so if you wish to do anything with the composition, you need to deal with them
Kurt Dahl
Entertainment Lawyer
I have a song that I co-wrote with (one other person)
I own the publishing as well. PRO is with ASCAP and she and I did sign an agreement for % and listing that I hold the publishing rights.
We (Me and my co-writer) recorded iand released this song as a single under my name in 2018.
The co-writer is now wanting to re-release a new version of this song….. I’m totally cool with that but…
what do I need to do to make sure this is done right with all the legalities and to make sure I am covered/protected and credited for any/all royalties ….
Have a new agreement drafted that deals with master revenues, and how they are to be split and how often they will report to you etc. And you should have the right to audit his/her books which is standard. I can help if you like.
Kurt Dahl
Entertainment Lawyer
Hello,
I’m a young independent artist
I and a co-writer wrote a song. We were agreed 50-50 so I registered the song as such. I then spent large funds to record and produce it at the top quality. The co-writer didn’t want to contribute to the production. Now the song is ready for marketing and she is nor eager to contribute. I have to spend my own funds again…The song already getting tremendous reviews, and in big part because of my vocals, and most likely the song do well after release. It feels unfair for me to invest the fortune, for her to get her effortless royalty. The more I invest, the better production or larger market I put money and time in, – the better return she has (on her part). How can I compel her to contribute? What is the usual practice? We are about to enter a contract, how do I structure it? Thank you
If you paid for the production, then you should own the master. At least that it often what happens in the music biz – you are like the label in a way
Kurt Dahl
Entertainment Lawyer
Hi Kurt. Thanks for putting this site together! Great info!
I am from the US and am collaborating with songwriters in Europe. Do they need to sign up with BMI/ASCAP, or can they merely sign up with their local PRO (e.g., GEMA if they’re in Germany).
If they can sign up in their home country, is that enough for a Music Supervisor/TV show to say “fine…looks like this is one-stop”.
Also, can I send you the collaboration agreement/split sheet that I’m planning to use? I’d love to get your take on it (and whether you’d suggest language around admin rights/first use rights, etc.).
I like all of the PROs have agreements with each other, so you can work with writers from other jurisdictions without issues. I know that is the case between Canada and the USA
Kurt Dahl
Entertainment Lawyer
Hi a few years back I got song writing lessons and I wrote a ton of songs with my teacher. We also recorded some demos. If I were to use these songs NOW that technically she helped me write and use some demo tracks to upload on Spotify and Itunes. Does she get any rights? Do I even have to tell her? We didn’t sign anything.
Hmm good question. It technically sounds like co-writing but if nothing was agreed upon, you’re likely fine to proceed without credit but that depends on your conscience too! 🙂
Kurt Dahl
Entertainment Lawyer
I co-wrote music with a producer as a topliner. Our royalty split is 50/50. However, he refuses to send me the logic files with the stems as he says he owns them and I don’t. Is this correct? We never signed any formal agreement.
If you’re paying for his services, you should own the stems I would say. But this is a red flag that you should get something in writing.
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
Just wondering if I have a leg to stand on legally. I co-wrote a song that was released in 2019 by the other writer. He decided to not give me any writing credit. He’s also be posting the song frequently on social media without mentioning his co-writer. He has a large social media following and the song seems to be fairly popular. Wondering if this is worth handling professionally or if it’s a something I have to accept.
Thank you.
You definitely have the legal right to stop the release/exploitation of the song, assuming a) you’re a co-writer and b) you haven’t otherwise given up your rights via an agreement of some sort.
Kurt Dahl
Entertainment Lawyer
Hi! I wrote a song and melody and I produced the track for 3 songs. I hired a singer to come into the studio to sing the chorus on all 3 songs I’m on the verses and she’s on the chorus. When she came into the studio I gave her the lyrics and sang the lyrics to her, she sang her own rendition of them but never changed the lyrics. Weeks later she started pressing me about signing a contract for her to get copyright credit. My question is is she allowed copyright credit for these songs?
Hi Katrena,
I always advise that a Session Player Agreement be signed in these situations, which outlines that the performer a) won’t get any songwriting (unless of course that’s not the case) and b) won’t have any ownership of the Master. Assuming you didn’t have such agreement signed, the real question is whether she contributed to the songwriting. It sounds like she didn’t, but now you have to prove that to her (or to a court).
Email if you’d like to discuss more.
Kurt Dahl
Entertainment Lawyer
I have songs I wrote Accapella, If a musician makes music around my voice.. Does that technically make me the producer?
It makes you a co-writer
Kurt Dahl
Entertainment Lawyer
Hi Kurt. Great article.
What would you say happens when you have a joint-work between two authors who have signed a split sheet creating a 75-25 split; one is self-published and the other author has a publisher? The real question is, when registering the song with your PRO – should you give credit to your co-author’s publisher?
Thank you!
If the published author is the 25, then you register it 12.5% in his/her name, 12.5% in his/her publisher, and 75% to you. And vice versa if the other way around.
Kurt Dahl
Entertainment Lawyer
Hey kurt,
I wrote a #1 song in the country
No written proof
May can track down some witnesses
What steps do i need to proceed?
Sorry, I’m not clear what your question is?
Kurt Dahl
Entertainment Lawyer
Hi Kurt this article is great – thanks. My question:
I co-wrote a song with my ex and she recorded it (with me permission) about 8 years ago. The song is registered with SOCAN listing us as 50% composers. I would now like to re-record that song with a slightly different arrangement (different signer, instrumentation etc) while keeping the Same composition, melody and lyrics. Do I just need to list her as the co-creator when I register the new version with SOCAN or do I need her to review and approve the song before I do anything with it?
Scott
Hi Kurt this article is great – thanks. My question:
I co-wrote a song with my ex and she recorded it (with me permission) about 8 years ago. The song is registered with SOCAN listing us as 50% composers. I would now like to re-record that song with a slightly different arrangement (different signer, instrumentation etc) while keeping the Same composition, melody and lyrics. Do I just need to list her as the co-creator when I register the new version with SOCAN or do I need her to review and approve the song before I do anything with it?
You should be able to re-record without her permission, just as if you were doing a cover, because you’re not changing the composition just the recording/arrangement of it. And she would still get 50% of the songwriting revenues from it.
Kurt Dahl
Entertainment Lawyer
Hi Kurt, several years back my wife and I created a music ensemble/LLC. I write all of the lyric & melodies for the songs performed by the band. One of my fellow band members then adds on/”co-writes” with me once I present my lyrics/melodies. The LLC bares all financial obligations, is the producer, publisher, paying for recording/engineering/mastering/printing, touring, etc. I would like to give this person a % as co-writer for several songs on this newly released CD, as what he adds instrumentally brings the song to life. Would this mean that he gets a % of publishing as well? Right now it is set up that I am sole owner of the song L&M 100% and my publishing company – LLC 100%. How would I set this up? Suggestions/Recommendations? Thank you
He would get a % of the songwriting in the compositions, which entitles him to that same % in publishing revenues. Hope that makes sense!
Kurt Dahl
Entertainment Lawyer
Thank you so very much for providing this information, its clarity & conciseness have helped me greatly.
My pleasure Kristan, thanks for reading
Kurt Dahl
Entertainment Lawyer
Hi Kurt.
A friend of mine co-wrote several songs with an artist, and they’ve since had a falling out. He produced the song, and I believe, composed the melody and contributed to the lyrics—as a veteran writer.
He has an opportunity to license the songs to other artists, but the other writer won’t give permission. Can he grant non-exclusive rights? What does that mean, if you have time to elaborate…
Thank you
Technically, no, he cannot do anything with the songs without the consent of the other writer. This is why Co-Writer Agreements are so important. Even if the other writer had 1%, they could stop him from doing anything without their consent. Have him email me.
Kurt Dahl
Entertainment Lawyer
Thank you for the great info in this article. I have also some strange experiences, so hopefully i can find better understanding… I wrote and recorded guitars and i was a part of production on the album but we never had any contract between us nor any agreement wirh other bandmates. No after the album is released, they registered songs without my name whatsoever. Do i have any rights to register my own work? I also own recordings of all guitars. Appreciate it for the help!
You would be entitled to a portion of songwriting (if you wrote the music) and master revenues (if you performed on the recordings). Without your consent in writing, they technically cannot exploit the masters. So you can either take the songs down or have them adjust the splits.
Kurt Dahl
Entertainment Lawyer
Hello,
What if your co-writer becomes impossible to work with, not truthful and you have misgivings on taking the song further. Can you choose to kill the song, as in say I do not want to move forward with this song any further for numerous reasons. Do you have a right to do that if 2 or more writers are involved? Nothing was signed among us, the song is finished. How can you prevent it from ever being used or released? Thank you
Technically, if you as a co-writer don’t consent to it being released, then they can’t release it. But neither can you of course.
Kurt Dahl
Entertainment Lawyer
In addition to being a performer and songwriter, I am a producer. and have produced, arranged, and played on many CDs, mostly by independent singer-songwriters. In this case I took on a client who had written words and a very minimal, limited melody. She is a complete novice, does not play an instrument, so could not provide chords and does not understand rhythmic structures. I thought this one song, in particular, had a lot of potential because of its topical theme, the statement it makes about what’s going on today. In developing the song, I completely rewrote her melody into something much more developed and professional-sounding. She liked what I had come up with, and I carefully taught her the new melody I had created. I do have “before and after” recordings documenting how she originally sang it and how she later sang the melody I had taught her. I also taught her to phrase the song differently, so it could be sung over a 4/4 beat – her original version she sang in 3/4, although she wasn’t really aware of it. I also put a distinctive chord progression to the song. And I added one important phrase to the lyrics. She absolutely loved everything I added to the song. But now that she’s getting ready to release the recording I produced, she is claiming that she is the sole songwriter, and that what I did was “arrange” the song rather than add substantially to the composition. I see this as a co-written song. There was no written agreement. I would love to hear your thoughts on this situation.
Hi Kurt ! I’m not ‘much’ on co-writing. However, several of those songs have fallen into the ‘death bed’, i.e., the co-writer(s) died. Now ‘if’ a song is considered to be copyrighted when the pen lifts from the paper (figuratively) and the song never went to the Library of Congress. Am I free to now call this a sole proprietorship, and consider this my own composition?
No you’re not. The other writer’s share would go to their next of kin, and would be very much alive for the duration of the copyright (life of author + 50 or 75 years depending on jurisdiction).
Kurt Dahl
Entertainment Lawyer
HI Kurt,
Thank you for answering all of these questions.
I am a lyricist and a publisher (ASCAP). My co-writer is not a publisher, nor a member of a PRO but he is a producer and part of the band that will perform our songs. When agreements are drawn we will share 50/50 writers credit for several songs. Can I list him as 50% owner of the composition copyright without having a PRO affiliation? Also, the main focus points of the writers agreement should be % assigns, First Use (mechanicals), exploitation and administrative responsibilities, correct? Anything else?
Thanks a million!
Hi Jess. I think you can still list him as 50% writer, but he will want to register with a PRO at some point, otherwise that 50% of pub revenues won’t go to him. And your summary of a Co-Writer Agreement is fairly accurate, but the key is getting the drafting done right!
Kurt Dahl
Entertainment Lawyer
Hi,
I have written a number of songs with a musician from another county. I am a lyricist. Without my consent or knowledge my lyrics were “translated” into this language. The “Translator” received the same percentage that I had received. I am minimally acquainted with copyright law and know this is illegal. What do you suggest? The lyrics became essentially an entirely different song, there was not similarity in meaning at all.
Hi Victoria. Typically, you have to give consent to have a translation made/released, and you definitely have to agree to giving up part of your publishing. I would find out who is responsible and reach out. If that doesn’t work, hire a lawyer to write a nasty letter 🙂
Kurt Dahl
Entertainment Lawyer
Hi, I’m a BMI songwriter who has earned over $1 million in Performance Royalties over 25 years. Most of my material was work-for-hire at a major production music library.
My BMI Writer Agreement, signed in 1999, is silent on the issue of whether BMI owes a writer a fiduciary duty. I’ve noticed that, starting sometime in the 2000s, they added a “no fiduciary duty” clause to the standard Writer Agreement.
Since ASCAP & BMI collect and hold a big sum of money (collectively over $2 billion annually between them), then are obligated to distribute the money fairly amongst more than 1 million members, this would seem to clearly meet the definition of a fiduciary relationship. There is even a “power of attorney” clause the writer must agree to.
What’s your opinion on whether ASCAP & BMI owe writers a fiduciary duty?
You would have to hire a lawyer to give a real legal opinion on this. I’m not going to weigh in on this here Alex.
Kurt Dahl
Entertainment Lawyer
Hi Kurt
I have written the lyrics for a song with a composer. I gave him the lyrics and he composed the music around them. However i do not like the music he set the lyrics to. Can I take my lyrics and reuse them with another composer. We did not have any agreed contract on copyright %. I would appreciate your view and comments.
Typically you’d have some sort of agreement that gives you the right to decide if you like the music or not, and if not, you can take your lyrics elsewhere. Without an agreement, it’s a little tougher, but I would suggest that – because the delineation between lyrics and music is so clear here – that you haven’t created a “joint work” because you’re not happy with the music, and therefore, you can take your lyrics elsewhere. I would guess you’ll still have to pay him for his work.
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
Great stuff here!
I have a question similar to Katrina’s question. I am a song writer. I write and record all of my own instruments, write all of the lyrics and record everything. I have been using a session singer form an online studio musician site. I pay this singer to sing my lyrics over my music but using their own melody lines (which is somewhat dictated by the music). I recently had a conversation with her and she said that she contributed to the song and that she now owns 50%. I don’t have any written or verbal agreement as I assumed she was a work for hire.
If she indeed does now have rights, what if I just didn’t like what she sang on any particular song and I don’t want to use it, is my music and my lyrics automatically 50% hers?
-Michael
You need a Session Player Agreement to confirm that the performers a) aren’t co-writers and b) don’t own any of the Masters.
Kurt Dahl
Entertainment Lawyer
Kurt I’m in a group called children of Adam band are first release 2019 Cd call Bilal We came together as a collaboration and the musicians put the music together one member wrote the lyrics are we co writers of these songs does that one member have the right to all the songs because he put the lyrics on the copyright
No, if even one other member wrote even 1% of the music (i.e. there is at least one other co-writer) than all other co-writers must give approval for the use of the songs. I would get a Band Agreement drafted to be safe.
Kurt Dahl
Entertainment Lawyer
Hi Kurt,
Thanks for sharing!
As the Chinese Copyright Law says that if a co-writer died and he had nobody to give his estate (no successor or legatee), then his copyright (except moral rights) will go to the other writer (before the rights enter the public domain). I’m wondering is it the same in American Copyright Law? Many thanks!
Best,
Natalie
I’m not 100% sure as I’m in Canada
Kurt Dahl
Entertainment Lawyer
I was made 1/4 songwriter and performer on 2 different records back in 08 and i would like to re-record them. Everywhere i look online, I’m no where to be mentioned but on all our album releases my name is right there on one physical copy. Is there anything I can do to revamp these songs? Thanks!
Was anything signed between the parties involved on the original records?
Kurt Dahl
Entertainment Lawyer
Do you have any sources / evidence of why a 50/50 split is appropriate when one artist has composed the melody, lyrics and chord progression whilst the other has contributed instrumental accompaniment making up 25% of the song?
Many thanks
I wouldn’t say it’s 50/50 in the scenario you mention. If one did melody/lyrics AND chord progression, that sounds like a majority of the songwriting. But as always, it depends on the facts/details in each instance.
Kurt Dahl
Entertainment Lawyer
Hi am so glad to be able to get in touch with you here,I have written up to 4 songs from the beginning to the end and co-writing 7 songs for an artist and I a little payment for some which is not up $80 each for 4 of the songs which i wrote and the rest I got no hire fee and time/days spent and the performer/artist usually tell he’s friends that he wrote some of the songs which i wrote tho they are not yet released.I will love to hav a quality piece of advice from you to know what to do just so i do not get discredited because i have given all the lyrics of the songs to him via WhatsApp message and i don’t hav any of the song recording on my phone.
Hello,
if one artist has composed the melody, chord progression and lyrics, and the other has contributed instrumental accompaniment that essentially changed the genre, is there any evidence one could provide that a 50/50 split of the royalties be appropriate?
Thanks
I just came across your article. While very informative, it didn’t answer a question I have. I have recorded a demo of a song that has an equal share co-writer. Can I post it on my music websites for streaming and free downloads without his permission?
Thanks
Craig
No you can’t, unless you have something signed that gives you those rights
Kurt Dahl
Entertainment Lawyer