I've got a confusing writing-credit issue

Tucci

New member
I've got a mucho confusing writing-credit issue

Four members of my band contribute to our songs. Some of the songs are written exclusively by one person, some are written in different combinations of two of us, three of us, some by all four - we even have one song on which two ex-members of the band contributed, in addition to the four of us who are currently writing.

We don't have nearly enough money to register each song individually, but if I send in all of our songs at once we will have to share credit equally on all of the songs correct?

So what happens when Natalie Cole wants to cover one of these songs, and it happens to be one that our trumpet-player wrote all by himself? He probably isn't going to be happy if the royalties for his song are being split up among the four of us. I suppose we could sign a separate agreement among ourselves allowing for this eventuality.

I know that Paul McCartney and John Lennon shared credit on all of their songs even on the songs that were written by only one of them. That's why Yoko Ono collects royalties for "The Long and Winding Road", even though John didn't write even a little bit of that song.

I am tempted to ask the other three writers if they're willing for the four of us to share credit. It makes it more likely that with the four of us writing one of the songs will be a hit - but what if it turns out that two of us get lazy and the other two end up writing all the songs which are still being shared by all four.



Okay here is another thing slightly related -

If we register with BMI do we do that as a band, or four separate writers, or a publishing company, or what?

Also, if we don't register w/ BMI or ASCAP etc. that means that anyone who wants to do a song of ours has to contact us directly and we will then negotiate a royalty-rate. Is that correct?

Any help is greatly appreciated.

Tucci
 
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"We don't have nearly enough money to register each song individually, but if I send in all of our songs at once we will have to share credit equally on all of the songs correct? "

Registering as a collection requires there be one COMMON writer. The example I always use is the last time I registered songs as a collection, I got 30 songs on a C-90 cassette. 28 I could have written by myself, the other two I could have written with my buddy Joe. Joe could not throw a couple of songs he wrote by himself into the collection....or a couple his sister wrote.

"So what happens when Natalie Cole wants to cover one of these songs, and it happens to be one that our trumpet-player wrote all by himself? He probably isn't going to be happy if the royalties for his song are being split up among the four of us. I suppose we could sign a separate agreement among ourselves allowing for this eventuality. "

Maybe what you want to use, instead of form PA, which has the one common writer thing, is form SR where the sound recording itself and the songs within it, are copyrighted. That way, all the songs on the CD will be copyrighted regardless of the circumstances of the writers.


"If we register with BMI do we do that as a band, or four separate writers, or a publishing company, or what? "

As individual writers and or a publishing company.


"Also, if we don't register w/ BMI or ASCAP etc. that means that anyone who wants to do a song of ours has to contact us directly and we will then negotiate a royalty-rate. Is that correct? "


No, they have to contact you or your publishing company or your representative(Harry Fox agency) anyway to get a mechanical liscense, not BMI. BMI, ASCAP and SEASAC collect the money for the performance of it, they don't deal with liscensing each song for recording. I've heard stories of people waiting until a song actually got into the upper part of the charts before choosing a performance affiliation.

PaulB
 
finally

Hey, thanks very much for the reply Paul. That is helpful.

These issues are very confusing to me. There are so many technicalities. I wish I wasn't the one in the band who has to take care of these things.

Tucci
 
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