Songwriting Credit .. Gray Area, Any Help?

[Soularstorm]

OK - so here's the scenario .. you've written a song with someone else, and you're in the studio recording it. A guest singer comes in and adds a line that is quite memorable, that you end up repeating a number of times at the end of the song. Whilst it doesnt change anything fundamentally with the song (the song would still be the song without the line), it is quite hooky, so is that a scenario where writing credit should be attributed to the singer, and should you approach the other songwriter and tell them that you need to include the singer in the songwriting credits?

Would love to hear from someone with a legal background, as well as people's interpretations of what should happen. What's the protocol?

Thanks for any advice!

[Retrosaurus Rex]

Funny somebody asked a similar question not too long ago...

IANAL, and there's no substitute for the real thing, but here's my lay opinion FWIW... first, was the guest singer working under a work-for-hire contract. If so you're probably pretty much off the hook as far as cutting him or her in on the writing. If not, and even if the singer's not asking for anything now, if the song becomes a hit or you're negotiating a recording contract, that singer could come forward and demand a piece of the action, which might eat up all your profits from the song or sink your deal, so better to be pro-active now and avoid a nasty surprise later. So, I would consult with my co-writer and evaluate whether the contribution was really significant enough to warrant co-credit to the singer. Political considerations might come into play here, if this singer is an up-and-coming star it might be beneficial to give them a cut just to maintain an amicable relationship into the future. If you don't think the contribution is that significant after all make sure to get that work-for-hire agreement. Worst comes to worst you can scrap that session and re-do it with another singer...

[Lazz]

What's the protocol?

First step is to say thank you to the ‘guest’ singer.

Then, out of pure self-interest, I would suggest you cool your heels on the rest.

Prime rule in a nasty world is to never give up any potential revenue generating credit if you can get away with it – and, in this case, it’s not at all clear whether there is a need to even consider it.

If it was it a pro-session for a commercial release, any significant contribution from a performer could fall under the concept of ‘neighbouring rights’ – but whether that concept applies to your circumstance depends on what jurisdiction you’re in – it’s only been around for little over a decade and I don’t know for sure whether it has yet become part of practice in the US, for example, but it definitely applies in Europe, in Brasil, and in Canada.

In Canada, protection for performer's performances was first enacted in 1994 and expanded on from September 1, 1997 when performances captured on recordings (and their producers) were provided with a neighbouring right, entitling them to "equitable remuneration" for public performance or broadcast. Before September 1, 1997, only the composer of the music had the right to be paid for those uses.

It’s not the composers themselves who pay this royalty though, that would be the responsibility of those paying for the usage licence – the premises or the radio station, for instance.

So you’re safe there, I think.

Then again, if your record turns out to be a huge success, and the singer is able to argue persuasively that their ‘quite hooky’ contribution played a significant role in its popularity, then a court might be inclined to award them a slice of the composer’s pie – see Mathew Fisher’s claim re “A Whiter Shade Of Pale” before the Court of Appeal and on to the House of Lords. I say ‘if your record turns out to be a huge success’ advisedly because it’s only when the stakes are high – as in Fisher’s situation – that a lawyer would consider it worthwhile booting it all the way to the highest court in the land. Otherwise these scenarios are prohibitively expensive to play out to the bitter end.

So you might perfectly well be safe there, too.

If it was just a regular friendly amateur session to demo the song and the ‘guest’ is a mate who came in to help for the fun of it, these issues weigh less heavily.

And if it does come to a dispute down the road, it sure won’t eat up all your profits or sink a deal.

Very coldly, if the singer doesn’t expect it and hasn’t requested it – don’t make the offer.

It’s business.

Your co-writer needs to know about it and agree.

It’s sensible.

.