Track Sold/Distributed Without My Knowledge

[Stacktrace]

I’m one of 5 co-writers on a track that was recently released without my knowledge. I only accidentally found out that the artist released it when one of the other co-writers contacted me. The track is for sale on iTunes, Google Play, Amazon, etc. and it’s streaming on Spotify, YouTube, etc. No split sheets were signed – we typically only sign them when we know a track will be released. What can I do to prevent this from happening again? This is rap/hip-hop/urban music, where artists and others are notoriously unreliable and unprofessional, but unfortunately this is a reality you have to deal with in this genre. Also, I figure if this unsigned self-published artist can sell the track, what’s to stop me from doing the same?

[Gael MacGregor]

A lot depends on what written agreement you have amongst the writers — *and* what was agreed upon with respect to the recording of it. Remember, the master recording is a separate copyright from the copyright/ownership of any recording of it.

If you don’t have a written agreement stating each party’s obligations and rights, you may not have any recourse. It also means that anyone who participated in the creation of the composition (and master, if applicable) has equal rights to it/them. You would still be (ethically) obligated to share revenues with all participants equally, unless otherwise specified by percentages in the agreement.

Always have written agreements when writing or recording with others. This makes it possible to pursue legal action should there be an unauthorized use.

[Stacktrace]

Thanks Gael. I wasn’t part of any documents signed with respect to the master, so it’s unclear to me who the owner is. Other than the split sheet, I doubt that any documents were signed at all with respect to the master. To my knowledge, nothing was agreed upon with respect to the recording.

I suppose it also depends on which recording we’re talking about – there were several versions of this track, but they were mostly test mixes and variations to the arrangement.

In the absence of a written agreement (other than the split sheet) I suppose that I can/should exercise my right to sell and distribute the work in the same manner that the artist has and distribute any revenue with the writers.

In yet another fun twist, I’m nearly 100% certain that the artist will not share a dime with me on this track. He doesn’t know who I am, let alone how to contact me, and even if he did I’m nearly certain he’d make no effort to send me what I’m owed. Sadly, this is the way it is with a lot of urban music (hip-hop/RnB) artists. As soon as you try to get them to enter into written agreements, a lot of them either ignore you altogether or immediately replace you with another writer/producer. I think this is mostly because a.) they don’t understand contract verbiage even slightly, or they think you’re trying to rip them off b.) they can’t afford a lawyer c.) they don’t care about writers/producers.

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