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#2952554 - 10/11/18 10:24 AM Business question
misterdregs Offline
Platinum Member

Registered: 11/13/03
Posts: 1975
The country band plays 90%+ covers, but the occasional original song.

I had a song idea Iíd been kicking around for a while and finally took it to rehearsal. It went over rather well both with the boys as did a quick little phone recording shared with friends and coworkers. Now thereís talk of making a recording, etc.

I am the sole writer. If this happened to catch on and make some money (very doubtful, I know), what would be a usual way to pay everyone? What part is split between the band members (we split everything equally) and me as songwriter?

Thanks.
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#2952560 - 10/11/18 10:57 AM Re: Business question [Re: misterdregs]
synthizen2 Offline
Gold Member

Registered: 08/19/04
Posts: 853
Loc: USA
If you're talking about traditional "songwriting royalties", you would get all of that.

Those of us old farts who remember the early days of Steely Dan understand that. Donald and Walter walked away with all the $$ after they stopped touring, and then most of the band immediately quit or moved on over to the Doobie Brothers.

However, some things here and there might have changed based on newer laws, or even the brand new Music-Rights law that just went thru Congress and the President just signed. But I thing most of that has to do with copyright and re-use of songs (or portions of songs)... not royalties (or how one gets paid).
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#2952596 - 10/11/18 01:17 PM Re: Business question [Re: synthizen2]
misterdregs Offline
Platinum Member

Registered: 11/13/03
Posts: 1975
Originally Posted By: synthizen2
If you're talking about traditional "songwriting royalties", you would get all of that.

Those of us old farts who remember the early days of Steely Dan understand that. Donald and Walter walked away with all the $$ after they stopped touring, and then most of the band immediately quit or moved on over to the Doobie Brothers.

However, some things here and there might have changed based on newer laws, or even the brand new Music-Rights law that just went thru Congress and the President just signed. But I thing most of that has to do with copyright and re-use of songs (or portions of songs)... not royalties (or how one gets paid).


As I said, it's likely to be 100% of nothing (especially as it would have only regional appeal), but you never know!

Thanks.
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Nord Electro 5D 73
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Kurzweil PC3LE 73
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#2952600 - 10/11/18 01:35 PM Re: Business question [Re: misterdregs]
The Real MC Offline
MP Hall of Fame Member

Registered: 05/17/05
Posts: 5314
Loc: Secluded Tranquil NY Wine Coun...
Songwriting credits should go to those who make a significant contribution to the song. The definition of "significant contribution" varies and can be a source of contention (or gold digging).

When Van Halen started, they entered into an agreement that all songwriting revenue would be split between the members. What Eddie Van Halen found was that he was the only one writing songs and lyrics, and the other members did nothing.

Typically "significant contribution" includes the melody, the lyrics, and the basic chords of the song. Things like awesome guitar solos, clever interplay between drummer/bass player, changing one chord, et al don't always constitute "significant contribution". You cannot copyright a rhythm or a cool drum beat.

File a copyright form ASAP. Then there is zero dispute who receives the song revenue.

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#2952605 - 10/11/18 01:51 PM Re: Business question [Re: The Real MC]
marczellm Offline
Gold Member

Registered: 05/10/11
Posts: 850
Loc: Budapest, Hungary
I don't know how it is in other countries, but in Hungary I know of three different royalties: writing, performing and publishing. Theoretically upon every single radio play of a song, the writer, the performers and the publisher (label?) receives royalties.
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#2952624 - 10/11/18 02:31 PM Re: Business question [Re: marczellm]
David Loving Offline
MP Hall of Fame Member

Registered: 12/11/00
Posts: 5051
Loc: Texas
I don't know where you live, but many local bar associations will refer you to a local attorney - in your case an expert in intellectual property - for a consultation at a nominal fee. The Dallas Bar Association does that. Why not see if your local bar offers such a referral program instead of seeking legal advice on the internet?
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#2952632 - 10/11/18 02:57 PM Re: Business question [Re: David Loving]
misterdregs Offline
Platinum Member

Registered: 11/13/03
Posts: 1975
Originally Posted By: David Loving
I don't know where you live, but many local bar associations will refer you to a local attorney - in your case an expert in intellectual property - for a consultation at a nominal fee. The Dallas Bar Association does that. Why not see if your local bar offers such a referral program instead of seeking legal advice on the internet?


I can afford an attorney. (Thankfully, I donít rely on music for my income!) I was inquiring more about who typically gets paid what exactly and got some useful replies. The band would share in any performance income (gigs, YouTube, etc.) and any songwriting money would be mine.

Thanks for the bar association suggestion. Or one of my lawyer friends could probably suggest the right person to talk to.
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Nord Electro 5D 73
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Kurzweil PC3LE 73
Motion Sound KP200S
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#2952639 - 10/11/18 04:11 PM Re: Business question [Re: The Real MC]
GregC Offline
MP Hall of Fame Member

Registered: 10/26/03
Posts: 5949
Loc: Discovery Bay, California
Originally Posted By: The Ghastly MC
Songwriting credits should go to those who make a significant contribution to the song. The definition of "significant contribution" varies and can be a source of contention (or gold digging).



Typically "significant contribution" includes the melody, the lyrics, and the basic chords of the song. Things like awesome guitar solos, clever interplay between drummer/bass player, changing one chord, et al don't always constitute "significant contribution". You cannot copyright a rhythm or a cool drum beat.

File a copyright form ASAP. Then there is zero dispute who receives the song revenue.


File a copyright form ASAP. Excellent advice. Do not procrastinate .
Establish clearly you own the song. End of story.

You can work out penny/nickel details later. Don't promise anything.
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#2952700 - 10/12/18 07:54 AM Re: Business question [Re: GregC]
misterdregs Offline
Platinum Member

Registered: 11/13/03
Posts: 1975
Originally Posted By: GregC
Originally Posted By: The Ghastly MC
Songwriting credits should go to those who make a significant contribution to the song. The definition of "significant contribution" varies and can be a source of contention (or gold digging).



Typically "significant contribution" includes the melody, the lyrics, and the basic chords of the song. Things like awesome guitar solos, clever interplay between drummer/bass player, changing one chord, et al don't always constitute "significant contribution". You cannot copyright a rhythm or a cool drum beat.

File a copyright form ASAP. Then there is zero dispute who receives the song revenue.


File a copyright form ASAP. Excellent advice. Do not procrastinate .
Establish clearly you own the song. End of story.

You can work out penny/nickel details later. Don't promise anything.


I failed to mention that I did this already. The day after getting all the positive feedback.
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Nord Electro 5D 73
Yamaha P105
Kurzweil PC3LE 73
Motion Sound KP200S
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#2952705 - 10/12/18 08:19 AM Re: Business question [Re: GregC]
Synthoid Offline
10k Club

Registered: 12/04/03
Posts: 10588
Loc: Pennsylvania, USA
Originally Posted By: GregC
You can work out penny/nickel details later. Don't promise anything.


+1

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