So you’ve reached that point in your career where you need to expand beyond your own boundaries. Or you’re suffering from a bout of writer’s block and don’t know where to turn? Perhaps you have a binder choc full of unfinished works? Or maybe you just really like the idea of working close with (an)other talented individual(s)? Collaboration is the next obvious step! But it can be a very frightening boundary to cross. So many questions about “whit if” scenarios begin to cloud your judgment as to weather or not this is the road for you. Clear your mind and read on. The rest of this page is dedicated to educating you as to what you should and shouldn’t do.
If you’re questioning the concept that collaboration agreements aren’t really all that important than perhaps you should consider this simple but all too true fact: All famous song-writing teams have Collaboration Agreements, signed, sealed and witnessed. For example: Lennon and McCartney, Henley and Frey, Bacharach and David, Goffin and King, Mann Weil and Spector, Wine and Sager, McDonald and Loggins.
I cannot stress enough how important this next statement is: “Do not commence any projects without a written collaboration agreement and if the other parties refuses to sign find new partners.”
So now maybe you feel it’s a little more important to have a valid, legal agreement in place. If so, read on for everything you need to know about drafting an agreement can be found below…FOR FREE!
Here are the important clauses to have in your agreement. Remember, these should be considered mandatory. Even if there is no intent of malice, you need to cover as many angles as you can! The following is a condensed version of what I have learned during my research on this topic.
1. Joint Work
This is where you state the name of the song and who is responsible for lyrics and music.
2. Ownership
Each party normally owns 50% of the song and co-owns the joint work.
3. Grant of Rights
As joint owners either party may exploit the song and grant nonexclusive licenses. However each co-owner must account for the money that is generated from the nonexclusive license and reimburse the other co-owner when money is received.
Public Performance Agreements must be entered into with such companies as ASCAP, BMI, SESAC, or SOCAN. All income must be divided.
a) Mechanical Licenses. Any co-owner can grant them but must account to and pay the other
co-writer.
b) Print Rights. All co-owners must agree.
c) Sub-publishing rights. All co-owners must agree
4. Division of Income
Any and all income is to be shared by the co-owners 50/50.
5. Pursuit of Infringement
It is an obligation between all co-owners to protect the copyright.
6. Copyright Duration
The copyright will last for a period of fifty (50) years from the date of publication
7. Copyright Transfers
Each collaborator, independently of the other collaborator, has the right to transfer his copyright ownership to another party. The transfer may be for the full copyright share of the collaborator to a publisher, or a partial copyright transfer to a co-publisher. A collaborator may also grant all administration and supervision rights of the collaborator's share to a third party as the publishing administrator, while still retaining ownership of the copyright. If one collaborator transfers his copyright interests to a third party, but the second collaborator does not do the same, then the third party would co-own the copyright with the other collaborator. At the same time, the second collaborator has the option to transfer his copyright interest, in whole or in part, or just the administration rights, to the same new owner as did the first collaborator or to a different party.
Unless either collaborator has granted to the other collaborator administration rights in the copyright for the song, the new co-owner will have to share decision-making and the publisher's income share with the collaborator who did not transfer his interest.
8. Different Performing Rights Society Affiliations
Each co-author may belong to a different Performing Rights Society. If that is the case, than a share of the performance income will be allocated to each collaborator's affiliated Performing Rights Society. Each performing rights group, would receive its allocated share and report to the collaborator/member affiliated with it the latter's performance income share as songwriter and as
co-publisher.
9. Songwriters as Members of Different Band
In the event one of the collaborating songwriters is a member of a band and the other is not, the collaborator who is a member of the band will have the authority to allow the band to rehearse and perform the collaborated song in live concerts and to record the song for release on phonorecords, CDs, MP3, Real Audio, or other Internet media.
However that band member collaborator must account to the other collaborator.
10. Controlled Composition Clause
The recording artist/collaborating writer will be required to obtain permission from the collaborating member that is not a band member for a reduced mechanical royalty for any record contracts the band member enters into.
11. Co-Accounting
Any income that either collaborator writer receives from the commercial exploitation of the song, whether it is from his or her own use or from use by an authorized third party, must be accounted for and apportioned to the other collaborating songwriter. Such payments should be made in a timely manner, for example, no less than 30 days after receipt. Also any statements that accompany the payments to the first collaborator should be copied and forwarded with payment to the other collaborator.
12. Future Generations
The rights of each deceased co-author will pass on to the benefit of the heir(s) and descendant(s) of that co-author, either by way of a will (testate) or without a will (intestate) . If there is no will the distribution will be governed by state statutes, usually to surviving spouses and children, on a first priority basis, before other relatives. It then will be the heir or executor of the state of the deceased who will have the authority to grant and make decisions with respect to the use of a collaborated composition. As well, the surviving collaborator will have the authority to continue to exploit the song while having a reporting and payment sharing obligation to the deceased's descendants or executor. The estate of the deceased collaborator can exploit the song too, but, in turn, must account to the surviving co-author.
13. Governing Laws.
The laws the State or Province you reside in govern this agreement.
All notices issued under the terms of this Agreement shall be in writing delivered by fax, personal service, first class mail, postage prepaid or by registered mail to the following location:
<< Insert your Name, Address & Fax Number >>
If any clause is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this Agreement will continue unaffected.
Neither party will be responsible for failure nor delay in performance due to circumstances beyond its reasonable control such as labor disputes, natural disaster, war, riot, embargo, or any act or condition beyond the reasonable control of the non-performing party.
The agreement constitutes the entire agreement between the parties relating to its subject matter and supercedes all prior representations, discussions, negotiations and agreement, whether written or oral.
Signed and witnessed by both parties
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