Song Split Question

[thatnewguy]

Hi Everyone,


I have a question regarding song splits. To make a long story short I was recently in a writing session with 5 people (including myself). One of the guys from the writing session wrote lyrics while I wrote the melody. Two of the people did not have any input (and have since agreed they don't want any splits on the song). The final person at the writing session wrote a chord progression (2 chords) which was used to help create the melody.

Now I know that chord progressions are not copyrightable but we've been told that since she was present at the writing session that she is entitled to a song split.

However she wants us to split the song evenly between the three contributors (33%). This doesn't seem completely fair as she's claiming her chords (which aren't even copyrightable) are just as crucial as the lyrics and the melody. One of the chords has already been changed in the final recording; but this isn't the issue.

The issue is that we are told because she was present at a writing session she gets writing credits.

We want to give her writing credits but feel like 33% is really not fair at all especially considering that she is only even considered to get writing credits on a technicality.


What is the best way to approach this? What would be a fair split?

Edited May 7, 2015 by thatnewguy

[thatnewguy]

In your background story, you first refer to the third person with the two chords as a male, and then you refer to them as a female.  It's probably good that you didn't write the lyric.

 

just trying to be cryptic in case said person finds this It's a pretty specific scenario as it is... but thanks for the input!

[thatnewguy]

With that circa 1992 website It seems like you're also a graphic designer!

[john]

Now now, play nice lol

Can I ask who told you that because they were at the session, this writer gets a split? By that logic, so should the other two! Perhaps just by being in the room they influenced the song?

Strictly speaking the person writing the chords contributed to the arrangement, which would give them a slice of the mechanical royalties, or at least a claim on them.

Different people approach this differently. What it does of course highlight (yet again) is the importance if discussing some basics before writing with them.

It is possible one person contributing a note to the melody, or a specific word to the lyrics could make the pivotal contribution, but that is also highly subjective.

In part the depends on:

The true value to you of their contribution

Whether you want to keep them as a potential collaborator, or keep them as a friend, or don't care if you see them ever again

If you think they would cause legal problems for you

You could explain to them that the melody and lyrics are the copyrightable items, as regards the song writing credits, but that the chords they wrote did contribute to the arrangement, and offer them a set percentage for that.

Depending where you are you may also want to consider the moral rights involved.

For peace and quiet you may want to offer them over the odds in terms of percentage, but retain all moral rights between just you and the lyricist.

Song writing credits are negotiated.

At the end of the day, this 3rd writer could have stated their terms at the time they contributed their idea... So could you.

Treat them fairly. Talk to your local ASCAP, BMI or PRS rep, and see what they say. If you treat them fairly, in fact better than fair, it will stand you in good stead. Meanwhile, put it down as a serious lesson Learned.

Ps, I am NOT a lawyer, never mind an Entertaintment lawyer!

Cheers

John