My band has just finished recording our first single and its got to the time where we need to think about royalties if the thing gets anywhere. My occasional co-writer believes everything should be equal between all four members, regardless of contribution (keeping in mind that only he and I are writers).
I wrote the song and the recording is pretty faithful to the orginal demo I presented to the band but there have been a few additions by the others ie the use of triplets in parts of the song as a rhythmic feature (over existing chords - no structure change), lead parts in the chorus and a solo over an existing bridge.
Q1) Do any of these constitute a claim for songwriting credit, I'm of the opinion that they are production aspects only and as such I own the copyright and full royaties?
I have offered to do an equal split by way of personal contract between the four members (ie I get the 100% royalties directly and then disperse with clauses dictating that it remains within the life of the band etc), thus keeping control of the work, but I'm slightly worried about any claims on the above grounds of arrangement.
As for other works, we've really only got two tracks that we play regularly that were co-written (with my guitarist). In both I wrote the lyrics and vocal melody in there entirety, based on his original instrumental ideas and structure. However for one of the tracks I was involved in structure as well as adding a few key riffs (ie the first verse and chorus). In the second track I have only added vocals and done some slight rearranging of his existing parts.
Q2) Is it reasonable to except these two tracks and any other subsequent co-written works to be split AT LEAST 50/50 to me, ie in the second song he cannot reasonably claim more than a 50% credit?
I'm sure these problems are run into by many band members but I've searched and haven't found much to support or deny my view on this. I would appreciate answers on the general situation and the two main questions. The personal contract idea is a way of possibly removing the monetary implications by keeping everything equal within the band. I guess another thing I'm trying to ascertain is when a song becomes a song and not a work in progress, as I guess it could be claimed with the first song - with small changes like were made or if there were ever more significant things, are these composistion aspects or re-arrangements?
I would also appreciate any links to any articles pertaining to these articles that I present to the band and specifically the co-writer to support (or deny!)my view. I understand the equality argument but I would like to think that what mine in the first place is always mine.
Before I ramble to much more -
Q3) I would have thought something that was entitled to copyright credit in the respect of currently unregistered work would be something which considerably changed the character of a song, such as vocals (from my side) or a major new section (ie a bridge - taking it from the musical side of the argument)?
Anyway please help me, I don't want my to implode over this but I don't want to lose my works to people that never wrote them!
I wrote the song and the recording is pretty faithful to the orginal demo I presented to the band but there have been a few additions by the others ie the use of triplets in parts of the song as a rhythmic feature (over existing chords - no structure change), lead parts in the chorus and a solo over an existing bridge.
Q1) Do any of these constitute a claim for songwriting credit, I'm of the opinion that they are production aspects only and as such I own the copyright and full royaties?
I have offered to do an equal split by way of personal contract between the four members (ie I get the 100% royalties directly and then disperse with clauses dictating that it remains within the life of the band etc), thus keeping control of the work, but I'm slightly worried about any claims on the above grounds of arrangement.
As for other works, we've really only got two tracks that we play regularly that were co-written (with my guitarist). In both I wrote the lyrics and vocal melody in there entirety, based on his original instrumental ideas and structure. However for one of the tracks I was involved in structure as well as adding a few key riffs (ie the first verse and chorus). In the second track I have only added vocals and done some slight rearranging of his existing parts.
Q2) Is it reasonable to except these two tracks and any other subsequent co-written works to be split AT LEAST 50/50 to me, ie in the second song he cannot reasonably claim more than a 50% credit?
I'm sure these problems are run into by many band members but I've searched and haven't found much to support or deny my view on this. I would appreciate answers on the general situation and the two main questions. The personal contract idea is a way of possibly removing the monetary implications by keeping everything equal within the band. I guess another thing I'm trying to ascertain is when a song becomes a song and not a work in progress, as I guess it could be claimed with the first song - with small changes like were made or if there were ever more significant things, are these composistion aspects or re-arrangements?
I would also appreciate any links to any articles pertaining to these articles that I present to the band and specifically the co-writer to support (or deny!)my view. I understand the equality argument but I would like to think that what mine in the first place is always mine.
Before I ramble to much more -
Q3) I would have thought something that was entitled to copyright credit in the respect of currently unregistered work would be something which considerably changed the character of a song, such as vocals (from my side) or a major new section (ie a bridge - taking it from the musical side of the argument)?
Anyway please help me, I don't want my to implode over this but I don't want to lose my works to people that never wrote them!
