Royalties Question

[IGW]

Hi,

 

I'm a Singer/Song Writer. I own a Project Studio in LA. I write with various different people and showcase my material around town.

 

Here's the question. Aside from running the studio, there seems to be 16 different jobs involved in getting a song from the mind of the musician to the top of the Billboard Chart. I've broken it down like so:

 

---------Writing-----Recording-----Performing-----Promoting

Vocals---6.5%-------6.5%---------6.5%----------6.5%

Guitar----6.5%-------6.5%---------6.5%---------6.5%

Bass-----6.5%-------6.5%----------6.5%----------6.5%

Drums----6.5%------6.5%----------6.5%---------6.5%

 

I think I'm offering the people I write with a pretty good deal as it is. In that I built the studio and I run the studio. As you all know that alone is a lot. What I'm trying to acheive is to set things up legally so that a Guitar Player for example can come in, write with me, but now necessarily record perform or promote, but still get paid.

 

On the other hand, I don't want to be put in a position where I write with somebody and do all the other tasks myself and then have them sitting at home making the same amount of money as me for only doing 1/16th of the work. Your input here would be much appreciated.

 

Ian

[robmix]

Well, it doesn't quite work that way. It's much more complicated and there are a lot more people involved in getting a song "to the top of the charts". They're not all entitled to a piece of the publishing pie which you seem to be most concerned about. Basically, as a songwriter you get publishing royalties if a song gets picked up. Copyrights are generally split evenly unless a prior written arrangement exists. In other words, if two writers work on a song it's 50/50, three writers 33/33/33, etc., etc. Some people will split up lyrics and melody, others, especially in R&B, will spit up the track and lyrics 50/50. I don't know any successful or even moderately successful writer who would enter into the situation you describe. What you seem to be talking about is your production versus the actual writing. If the record company decides to use your track as is, that is naming you the producer you would get paid an additional fee and be entitled to a portion of artist royalties which your co-writer would not share in. Playing on or creating the demo is not writing a song, and you should not get an extra publishing percentage for doing so.

 

In most cases, when I write with another writer we split up the demo work. Sometimes I'll do the whole thing, sometimes they'll do it all and on others we'll divide it up depending on each other's strengths and studios. Either way no one ever asks for an extra percentage for doing more work on the demo.

[jabney]

hi Ian Wright,

 

Let me see if I'm understanding this. Day one you start with a blank sheet of paper or a blank tape (hd space) and a guitar player walks in with an idea for a song. The guitar player comes up with a melody and lyrics. You sing the guitar player's lyrics to the guitar player's tune. You track your vocal and the guitar player's playing. The guitar player goes home.

 

The next day you add a drum part and a bass part. Then you want to give the person who came up with what is called the "song" one-sixteenth of the songwriter's share?

 

What if Ira Gershwin or Yip Harburg (non-performing lyricists) had come to you? Would they have gotten nothing? What if you added a twelve piece string section - would they get an equal share?

 

A good bass player or a good drummer should be expected to provide a good bass part or a good drum part. This means a solid beat and a few (hopefully very few) tasty embellishments. They should get paid for this service as musicians - not as songwriters. Unless, of course they wrote the song. The same goes for guitar players and vocalists.