Whether you have written a song with a friend or a fellow band member, it is important to understand your rights as well as the rights of your co-writers regarding what you can and can't do with the song. Is consent required from the other co-writers before any changes may be made to the song? Is it necessary to first obtain consent from the other co-writers in order to provide permission to someone to use the song in a film, for example? This article will briefly discuss the rights of co-writers in a joint work and will provide a brief overview of several principles of co-writing that are important to keep in mind.
Copyright Protection
There are two sets of copyright protection that exist in each recording of a song – the right in the composition itself, and the right in the sound recording. The writer of the song has the copyright in the musical work, and if the songwriter is also the performer of the sound recording, then the songwriter has the copyright in the sound recording as well.
When is Writing a Song Joint Work?
If two or more songwriters create a work, this is a joint work under the law. A joint work is a work prepared by more than one author intending that their contributions are merged into inseparable or interdependent parts of a whole piece. You may write lyrics or music which may be suitable for copyright registration on its own, but the song that results from merging the contributions of two or more songwriters is granted copyright protection in its joint form. When you write a song with another person, each person has an equal interest in the song Co-writers of a joint work own equal shares in the whole song, unless some other division of ownership and income participation was agreed upon between the co-writers. If the co-writers have a disagreement or find themselves in a conflict, it will be difficult to separate the lyrics from the melody, unless there is a written agreement among the co-writers. Since the co-writers own equal shares in the song, that song cannot be changed without each co-owner's consent.
Permission to Use the Song
Each co-writer may grant permission for the use of the song as long as the rights are not exclusively transferred to the party receiving the license. Any exclusive rights to the entire song may not be transferred or assigned without the consent of the other writers. No single co-writer can grant an exclusive right to the publishing of the song. One songwriter may assign their share of the music publishing rights, and give the same percentage to the publisher in the song that the songwriter possessed before transferring the music publishing rights. However, any portion of the remaining ownership interest may not be transferred by that same songwriter, as it belongs to the other writer(s) of the song.
Co-writing a composition creates a legal relationship between the co-writers. Therefore, as with any other legal or business relationship, it is a good idea to have a written agreement in place among the co-writers in order to govern the rights of the co-writers in the event that a conflict or contentious situation arises. The co-writing agreement will outline the stake that each writer has in the song which in turn will determine the royalties that each co-writer is entitled to receive in the future. Further, the agreement may also govern the relationship of the co-writers should conflicts arise as well as the rights of each co-writer in terms of publication, assignment of rights of ownership, and the sharing of profits earned from any use or exploitation of the song.
Co-writing is very common among songwriters, and collaboration has always been a great way to find inspiration from others. It is important to understand your rights as a co-writer and to establish a legal document with your fellow co-songwriters in order to protect yourself from, and navigate through, any potential conflict that may arise in the future.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
