When songwriters collaborate, magic can happen. And great songs often come with solid agreements. Co-writing contracts are more than just formalities – they are the foundation of successful partnerships in the music industry. When reading your contract, keep an eye on these key clauses:
Ownership and copyright
Copyright is your exclusive right to reproduce, publish, sell or distribute the song. But when more than one person writes a song, they can share ownership of these rights. A good contract addresses how writers combine contributions or how they will share copyright ownership. For example, some agreements might treat lyrics and melody as a unified whole, while others might separate them.
Revenue splits
Various sources generate revenue streams, including record sales, live shows and use in movies or TV. Factors influencing split decisions may include:
- The extent of each writer’s contribution
- Reputation or track record
- Pre-existing agreements
- The writer’s role in promoting or performing the song
Splits can vary widely. For example, equal partners might agree on a 50/50 split. In other cases, a more experienced writer might get 60% while a newer writer gets 40%. For a three-way collaboration, some splits can be even more complex, like 40/30/30.
Administration rights
This clause decides who handles the business side of the song, such as licensing and collecting royalties. In sole administration, one group, often a music company, manages all aspects. With co-administration, all writers work together to manage the song’s business aspects. The choice usually depends on the writers’ experience and the resources available.
Credit and attribution
Proper crediting is vital in the music industry. Standard crediting practices usually list co-writers in alphabetical order or based on their level of contribution. The agreement should detail how credits will be displayed on recordings, sheet music and live performances. This helps ensure that all contributors receive recognition.
Termination and disputes
Even the most successful collaborations can face challenges, ranging from a breach of contract to creative differences. So, it is essential for your contract to include clauses about actions that can end the agreement, as well as methods of resolving disputes. Common approaches include:
- Mediation: A neutral third party helps you reach an agreement.
- Arbitration: An arbitrator hears both sides and makes a binding decision.
- Litigation: Taking the dispute to court, which can be costly and time-consuming.
Your contract might specify which method to use first, such as trying mediation before moving to arbitration or court.
Every creative project is unique
While these clauses are common in co-writing contracts, each situation is different. Consider discussing your specific needs and circumstances with an entertainment lawyer.