Q&A: How do we own all the rights to our music?
Question by Josh L: How do we own all the rights to our music?
I don’t know how else to ask this, but the data is this:
As a band, we’re going to be saying farewell to our guitar player. He has made a contribution to one of the songs – he had the guitar lick that we built off of. What rights does he have to this song (it’s not published yet and we’re not on any label nor have we signed any other kind of contract with a third party). We want to own the song, and he’s alright with that (for a bit of a price). We want to be certain that he can’t come back on us if we ever make money off of it. What do we need to do to protect ourselves? I don’t believe we’ve copyrighted this particular song yet, but we have done so with all the others.
Any help would be greatly appreciated.
Thanks guys (and gals).
Dave
In response to the first answer (and thanks for that!!) – we’re parting on amicable terms, and we do recognize his contribution, and it’s the combo of the relationship and his contribution that makes us want to pay him for his work. It’s worth nothing, so we’ve agreed on a certain spurios amount. The main issue is not “Can I do it” – I’m more looking for the “How”. What’s sort of process would I follow? Is there a name for the contract that might cater to such a situation? And do I need to give him a song writing credit for his contribution or would that give him leverage down the road if we did make money off the song, to come back on us and try to get more. Please and thanks.
Dave
Best answer:
Answer by del_icious_manager
Although you haven’t formally copyrighted (ie published) the song yet, all contributors to the song automatically own an intellectual copyright on it already. It sounds like you need to draw-up an agreement between the guitarist who is leaving and the remainder of the band. I think he is entitled to some money if the song to which he contributed the lick (which, who knows, might be part of what makes the song popular enough to MAKE money) becomes popular. What you need to decide is how much he is entitled to. This would most sensibly be a percentage of whatever fees or royalties the band as a whole makes (but NOT what some publisher or record company might make!).
I think that’s the only fair way. Surely he’s due recognition for his contribution to the song?
Edit:
Firstly, yes, you must give him a song-writing credit (soon it will be illegal NOT to – if it isn’t already). He wrote part (or an element) of the song, so he must be credited as one of the writers (obviously, he won’t have the SOLE songwriting credit!). I’m surprised to read “it’s worth nothing”. Are you saying his guitar lick is worthless? If so, why does it remain in the song?
I think you have two choices to recompense him: either pay him a one-off ‘buy out’ for his contribution to the song and draw-up an agreement that this has been done, that the money has changed hands and he can’t be back for any more – even you’re No 1 in two years’ time. This basically signs-over the rights to the song to whoever pays the money (presumably, the rest of the band) and he’s been paid for his contribution. He still should receive a song-writing credit, however. Or, agree in writing to pay him, say, 5% of any nett royalties the band receives for that song (if at all). I am not a legal expert, nor do I know what country you are from, so I think you need to seek some professional legal advice before proceeding.
I hope I’ve helped a little.
What do you think? Answer below!