A vocalist recently asked me to co-write some original songs with her. Pursuant thereto, I finally signed up for ASCAP and the Harry Fox Agency
However, she just asked me to produce a song she has co-written (lyrics, melody, chord progression) - the song is already copyrighted by her and a co-writer and they both own 50% of the publishing thereof
My questions are:
1. Is it true that if I am composing the music based upon the supplied melody and chord progression, then am I merely a producer, not a songwriter?
2. What are my options to getting paid royalties? I assume I need to draft a producer/artist contract
3. Do I need to get both songwriters/publishers to sign off on my producing and getting royalties?
Thank you and be well
I'll give you the shorthand version; you should consult with an entertainment lawyer in your area, and be prepared to pay for the work. The internet doesn't have a handle on entertainment law, it's a definite specialty in the practice that most lawyers don't know much about.
There are two copyrights involved in a recording. The first copyright is the song itself, and the second is the copyright to the recording, which is regarded worldwide as a separate work. So on a recording, there's a publisher for the underlying song, and a publisher for the recording. In terms of licensing, these are split 50/50, say, in the case of a film or an ad.
Anything you do in regard to a share of royalties on either the song, the copyright to the recording, or relative to a percentage of sales, is a matter of negotiation. The copyright law says that a transfer of a copyright must be in writing, and if you were to negotiate a share of the song's publishing, obviously that must be in writing. So should any agreement relating to sales percentage, or ownership of the publishing to the recording.
Whether it would be overreach to ask for a share of a song that's already written is something to be discussed with the owners of the song. To be fair from the artist's point of view, to take a share of the copyright to the song, you should be making substantial changes to the work, not just performing on the record, or creating an arrangement.
A lot of producer clout in these negotiations has to do with whether the producer can take the song to labels they have good contacts with, the value of their production credit on a record based on past hits, etc. Consider your track record in thinking about what to ask for.
Today, even labels and major publishers no longer ask for a piece of the song publishing without paying an advance. For producers, or small labels, it can be different, as many of these are deals designed to allow the producer/small label to shop a deal with a bigger label.
However, there aren't set-piece rules that determine what you're entitled to. Whether in negotiation or in a lawsuit, each case is determined on its own merits. The contracts labels and producers use can run into dozens and dozens of pages - literally - and there are way too many variables to get a sense of what might come up, to rely on the internet for advice.
Traditionally, known producers are paid a fee plus a percentage of sales, though they may also be co-songwriters, in which case they get a share of song publishing. The producer may, in addition, own all or part of the recording.
Again, this is all a matter of negotiation. If you're thinking about 'standard rules'...
There are no rules in a knife fight.
