Ownership of songs in collaborations

[Bionic Beats]

Hi, 

I make music with a partner, and want to specify the ownership of each song individually because I put significantly more time and knowledge into the music than he does. I have good knowledge of copyrights and the differences between the right in the composition and the right in the recorded composition but still some open questions: 

I thought about writing something like this per song (in addition to a partnership agreement):

Individual Music Ownership Agreement

Song name: "Supersong"

1. Musical composition:
Partner A: 80%
Partner B: 20%

2. Lyrics:
Partner A: 50%
Partner B: 50%

3. Performance on recorded composition with the name "Supersong":
Partner A: 100%
Partner B: 0%

4. Ownership of master:
Partner A: 80%
Partner B: 20%


I am not sure whether 3 and 4 are handled separately or as one point. I know that usually whoever pays for the recording owns the master (traditionally the label but I record and mix in my studio). I have also heard that ownership of the master is equally shared in all participants including a label for example. Or can it be specified in detail as I have done above. Or does it make sense to value the recording and mixing as a "performance". 

Thanks a lot for any help.
Pete

[MikeRobinson]

Whereas, I believe that KISS® has all songs written-by and owned-by the corporation.

 

Perhaps the two of you should sit down for a little while with an intellectual-property lawyer who has experience in this kind of creative contract.  What does (s)he suggest?

[Bionic Beats]

Thanks for your response. True, you can sell your right to labels and publishers but before selling them you need to figure out how many do you have. So there is still a need of allocating rights to band partners fairly. I wanted to suss out the field a bit before going to a lawyer. 

[MikeRobinson]

One bit of advice concerning labels – "don't sell your rights, license them."  Be sure that you own and have registered the copyright and that you "grant the label the exclusive right to <X>," provided that they continue to actively market and promote it.  (If they stop doing this, the contract should end and with it your license grant.)

 

Determine amongst yourselves what the profit shares shall be, and commit this at least to a notarized letter kept by both of you.  Do this before you begin to negotiate with labels regarding the materials.  You will win respect by being professional enough to have "dotted your i's and crossed your t's."  And you'll avoid a lot of heartache.  ("Just remember what happened to Pink Floyd ...")

[Dave Graham]

Well, I understand your thinking.   The way I understand the ownership of the writing is equal unless decided on prior to writing it.     If you both sit down to write it and write it otherwise...it is 50/50.       I have signed contracts like yours before, but I will also admit that I never wrote with them again.     I think there should also be an understanding on the "demo" or "recording".. as some collaborators will want you to spend a large amount of money for a demo.    It should be agreed upon to at least talk about it prior to spend monies.    Your collaborator could think your co-write is the best thing ever written, and you might think it is the 44th song on your list to spend money for a demo.   Causes confusion...best to work it all out prior to doing it if you can.   Otherwise... you might spend a lot of time on a song that there is a question as to the %'s and when it comes down to it.... that kills the deal everytime.