Expert Advice When You Need It Most

Licensing music that was co-written

Asked over 2 years ago - San Diego, CA

I co-wrote a song and would like to license it out. I wrote the music motifs and chord structure, but did not write the lyrics and vocal melody. Do I need permission from the other writers publishing company to license out the composition? Does the other publishing company get a cut of the licensing deal? I will be re-recording and producing a portion of the songs motifs, no vocal melodies or lyrics are needed.

Flag

Save

Share with:

Attorney answers (2)

Pamela Koslyn

Reputation Level 20

Answered over 2 years ago. Entertainment Lawyer in Los Angeles, CA.

Flag

If you co-wrote a song with another writer, you're co-writers, and your respective publishers are co-owners of the song. Joint authors can each exercise rights such as licensing without needing to get permission from the co-writer, but each writer has a duty to account to the co-writer for their share of the revenue.

If you re-record the song so that only your contributions are left and none of your co-writer's contributions are left, you will have created a derivative work of the original song, and you'll be its sole author and owner, so you can license it as you see fit without obligation to the co-writer of the original song.

Have you created a publishing company for your music? Have you copyrighted this song and any others? Have you registered as a writer and publisher with a performing rights society? Please see my Legal Guides linked below.

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.

Songwriters: Protect Your Work

Songwriters: Monetize Your Work

Mark as good answer

Add comment

Frank Hosein

Reputation Level 6

Answered over 2 years ago. Entertainment Lawyer in Jamaica, NY.

Flag

If you create another version of the song you co-wrote, then you are creating what is referred to as a derivative work. The Co-Writer(s) of the original song still have an interest in the derivative work. It would be in your best interest to negotiate and sign a well drafted agreement, outling each writers interest in the derivative work.

Also, you need to distinguish between the underlying song or composition which consists of music and lyrics and a recording of the song or composition. So even if you create a derivative work you are not eliminating your co-writers interest in the new song, however you may be the sole owner of the recording.

The materials and information on this website are for informational purposes only. These materials are not presented for the purpose of providing legal advice and do not constitute an offer to represent you. If you should require assistance, consult with an attorney (or other appropriate professional) to address your specific legal matter. In no event should you send us confidential information until you speak with one of our attorneys and receive authorization to send that information to us. The publisher of this website and its contributors disclaim responsibility for any damages that may result from any error, inaccuracy, or omission contained herein.

Mark as good answer

Add comment