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Asked almost 4 years ago - Los Angeles, CA
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Trying to find any kind of reference information on percentages that composers should receive on a song collaboration.
A few example questions:
1) What does the 'music' portion usually get vs. the 'lyric / lyric melody' side? Is the % broken into even 3rds (music, lyric, melody)?
2) If someone just wrote the chords to the chorus section of a song, what sort of % should they receive?
3) Is melody (for a vocal song) based on vocal melody only or also instrument melodies in the song (like an intro riff)?
I can't believe how little info I've found on the web for this, given how many times this must have come before a court, or even been decided upon in friendlier times!
Some good reference numbers would help not just me, but I'm sure a LOT of people out there looking for this info
In my experience (and I've been practicing music/entertainment law for 20+ years), it's 50-50 music/lyrics. "Lyric melody" is part of music.
With hip-hop, it's easy, the producer/beats writer gets 50%, the writers of the lyrics collectively get the other 50% and sometimes several writers each write their own verse.
In general it's by actual contribution and by consensus, since musicians have a feel for what's important to the song. If two writers collaborate on a song and e.g., one writes the vocal melody and the intro riff and the other writes the instrumental melodies and chords and outro, I think most people would say that the two writers share the music 50%. Most of the time, I don't see bass players and drummers getting songwriting shares for writing their parts, those parts seem to be considered a necessary part of their performance, but there are exceptions to that rule when bass or drums takes on a more important role in a song.
Where a well known sample is incorporated, sometimes that sample contributor gets 50%.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
I would agree with the other "answerer's" comments, with a few additional twists.
1. If the issue comes up after a song has been written, then if there is no agreement to the contrary, all contributors own an equal share in the copyright.
2. My experience with hip hop is that writers/producers often have a unique formula which they use, allocating a certain percentage to beat, the melody, the lyrics, etc. I've had a number of situation where the percentages were a little curious, like 18% for one writer, 42% for another writer, etc. etc.
3. I represent some established writers in Nashville, and in the pro writing community there, there are alot of people who co-write and also do a 50-50 split on co-written material (assuming only 2 writers) regardless of how much or how little each person contributed. I think the thinking is, 'it all balances out in the end." Plus it's a way of keeping the peace and fostering collaboration.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.
Ms. Koslyn provided an accurate assessment and description of the co-publishing process. The important thing to remember is to work it all out IN WRITING before the song gets copyrighted and published. Its often difficult to talk about these types of issues when a group is just getting started as there is a alot of love in the room and no one wants to foresee any potential legal problems down the road. But it is essential that all parties are aware and agree to what the division will be before publication. Remember it was principally disputes over song rights and authorship that broke up the Beatles, a popular musical quartet from the 60s..
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