Co-Writer experience

[Kubed]

I think i read a post about having a co-writer when i joined MLR but can’t find it.Sorry if there’s already a post about it,i would like to hear what is your experience having a co-writter.What are the pros and cons,if there are any legal issues writers should know about (with PROS or anything else),tips about the workflow and anything helpful you can thing of from your experience.It seems like a good idea to have a co-writer for some tracks,let me know your thoughts about it.

[Alan]

I would like to learn of any of your experiences with a cowriter also. I just started working on a batch of new tracks with a cowriter and we plan on a 50/50 split for everything regardless of who did what on each track. We also plan on going with an exclusive library so we can keep it simple. I’m still undecided on which library. Thoughts?

[Desire_Inspires]

I have done a few projects with co-writers. I always split everything evenly. I like doing my part and sending what I have for my co-writer to perfect.

[Michael Nickolas]

I always do a written agreement with co-writers stating terms and rights, even with my best friends. Here is a link I’ve found helpful in the past, hope it helps:

http://lawontherow.com/2007/11/02/last-man-standing-collaborating-with-other-songwriters/

[Kubed]

thanks for the link Michael,interesting stuff in there.
I guess a written agreement helps you keep everything neat and clean.

[Advice]

A written collaboration agreement is a good idea though I haven’t always done this with folks I know well and trust (I really should do this more often. I have in the past).

Some of the things to spell out are:

Split on composition
Split on master ownership
Split on publishing
Expense sharing for production
Split on royalties such as sync and PRO
Who can sign agreements for the team
What if a party can’t be reached within N days and there is an outstanding agreement? Assignment of full Power of Attorney for master and composition in that case?

One template (May need some modifications) is at:

Collaboration Agreement

I’ve heard horror stories of people writing together and then a few years later one of the writers gets presented a deal but can’t even find one of the other writers. Or squabbles down the road about splits once a deal is presented. So getting things in writing early on is a best practice.

[Kubed]

@Advice: that’s very informative,thanks a lot!The template seems pretty simple and to the point,i like it.In general,i wouldn’t sign a doc with a co-writer i trust but on the other hand,a contract keeps things simple and tidy.

Also,you’re so right about the last thing you said,i haven’t thought of this situation.Sometimes a company/agency wants to clear a license within 24 hours,i can’t imagine the agony of having to reach the other co-writers and getting no sign of them!Thanks for mentioning this 😉

[Michael Nickolas]

>i can’t imagine the agony of having to reach the other co-writers<

The article I linked to above states that:

“each songwriter is a co-owner of and equal and undivided interest in the whole copyright, i.e. each songwriter co-owns 100% of the copyright – regardless of the relative extent of their respective contributions.”

Some companies I work with don’t ask for the co-writer’s signature. Just their PRO and percentage. I’ve never understood why other companies want the co-writers signature. If each songwriter owns an undivided interest, then my signature should be enough shouldn’t it? MichaelL?

[Advice]

It’s not a given that splits are even but in the absence of OTHER documentation, it would be assumed. A US copyright does not define percentages, it assumes equal shares. You need a collab agreement to document anything other than that.

Companies ask for co-writer’s signatures to guard against future claims/problems. It is definitely the best thing to do. Imagine a library places a track and some co-writer comes out of the woodwork and says, “Hey! I didn’t agree to that!”… I’d be more concerned about libraries that DON’T ask for co-writer signatures than ones that do.

Anyway, I’m not a lawyer but I was going to dress as Michael L for Halloween. 😉 😛

[Kubed]

that’s a good question Michael,i agree that your signature should be enough since everybody will get his percentage but since some companies demand all of the writer’s signatures there must be a reason for doing so.In the event you have only a few hours to secure the deal though and the co-writers are on skydiving lessons in Tibet,this practice could cost you (and your co-writers) a good deal of money.

[Michael Nickolas]

>Imagine a library places a track and some co-writer comes out of the woodwork and says, “Hey! I didn’t agree to that!”… <

Sure, but my question is does she or he even have to agree to that? If I own 100% of the copyright and the co-writer owns 100% of the copyright, it seems to me we should be free to use the tune as we wish, limited only by the “rules” as outlined in our signed co-writing agreement.

[Advice]

Yes, Michael, **IF* you have such an agreement. However, if you are the library, you want to cover your ass well. The hassle of someone contesting something later (even if you have a collab agreement) ain’t worth it.

[Author]

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