I’m in a band and we’re releasing our debut CD very soon. It’s going to pressing/packaging next week, as a matter of fact.
I wrote all the songs, meaning music and lyrics. My bass player and drummer came up with their own parts, and I wish to credit them appropriately. I think it’s arrangement credit, not sure. I’m worried, however, about maintaining control of my songs. I want to be generous, but I don’t want to lose any control.
Also, since I’m the songwriter, I think I’m supposed to join a union/register with somebody or something, right?
Do any of you esteemed dopers have any experience with this? I’ve browsed a couple of sites but I’m looking for more of a step-by-step process for doing everything I’m supposed to do. Any suggestions/links?
I hate to say this, An Arky, but I think you should talk to a lawyer.
Do this wrong, and subsequent disputes with your bandmates could poison your future. One prefers to think that terrible things won’t happen between people who make music together, but they do, especially when money is or might be involved. Creative control, ditto. You should prepare appropriately by consulting a professional.
Agreed. Get something written up by an lawyer. They can help prevent huge messes and look out for your financial well being (even though they are lawyers).
Also, be prepared to give the other guys a percentage of the writing credit. If they wrote their own parts, they wrote that bit of the song. If they don’t know what they are doing, you could steal that percentage from them…BUT DON’T BE THAT GUY.
You can do things like giving them 5% (or however much you all decide) credit in the contract and then just say “all songs by…” without saying how much each person wrote. But talk to a lawyer, it will make things easier in the long run.
Actually, I have read enough to know that if one writes the lyrics and melody, they are the sole writer of the song. Harmony and rhythm parts are considered arrangements. If a totally different arrangement is used, it’s still the same song and songwriter. I’m trying to figure out how to credit them more than I have to (which is none), but not enough to create any sort of claim, if one or both of them breaks bad on me.
That’s why I put in the part about don’t be that guy. It wasn’t so much legal advice (IANAL just a guy in a band who has friends who have gone through this process) as it was just general, don’t dick over your bandmates who worked on the song, advice. IIRC all they have to do to prove that it is integral to the writing of the song is show that it is noticable and it’s absence changes the song. They can make your life tough for you if they want. This is harder for the drummer than the bass player, but at the end of the day just be sure you give them a fair break.
Copyright the songs. Do it the real way, by filling out the form and sending in a copy of the song and paying the fee. Don’t do the “mail it to yourself and don’t open the package” thing.
On the CD, credit everyone who worked on the song to get it into it’s current form (you, bass player, drummer, anyone else) as “arranged by.” There is no (as far as I know) legal/financial status for the arrangement except by previous agreement. So, literal bottom line: they have no claim on your songs.
What’s the financial arrangement for sales of the CD? Does everyone get an even cut? Some other divvy?
If one leaves the band and another player learns the exact same part to play? I don’t know, but I suspect there’s no leagal leg to stand on there.
NAF1138: Yeah, that’s what I’m trying to do…not be a dick while at the same time not getting dicked.
NoCoolUserName: That’s kind of what I’m looking to do. Financially, we’re splitting it up evenly. And if either of them left, none of the other parts are integral in terms of “making the song”.
I’ve done a bit of research, and what I think I’m going to do is give arrangement credit and since we’re sharing money (I’m laughing at this whole money thing - as if!), sign a letter of agreement stating such.
OK, upon further review, I think I’m going to go with words by Arky, music by Arky/Yell County, for this album, anyway. It seems generous enough while I still maintain majority control. So, when those 69 cent royalty checks start rolling in, everybody’s got a piece of the action, but when they replace me with Ronnie James Dio, I won’t be totally screwed.
But I’m still wondering about publishing and if I need to join ASCAP or BMI or something. Anybody know about that? (my google-fu keeps coming up with lame-ish sites on this stuff.) Thanks!
Dude you guys sound like Dio? And I haven’t shown up to any of your shows? I might have to change that. I wish I could hear your music at work when I see your links, but I forget when I get home.
On that note, Judas Priest, Heaven and Hell, Motorhead and Testament are playing at Nissan in August. I only learned of this today. Sorry I can’t help you with any of your other stuff.
Yes, you should start a publishing company and sign with either ASCAP or BMI. Any details I could give you would be from 1987 and of little use now. Someone on this board will have better info …
There’s a form for copyrighting the song and there’s another form for copyrighting the sound recording. You may want to do both. The first is obvious, the song. The second type registers the actual recording.
Sounds like you’ve already decide that you’re name is on the lyrics and you’re giving yourself and the band credit for the music. Just remember that, in general, it’s only the words and melody that’s copyrightable AFAIK, not the chords, bass groove, arrangement. Read the web site carefully and decide. In the end, you can decide how you want to credit it.
If the main idea was yours but the song was mostly a calaborative effort you may want to credit the whole group. If you had the words, melody and chords figured out and the song basically written and your band added their parts, the bass/drums/whatever, I don’t see where that contributes to the writing of the actual song but you need to decide that. My brother’s band broke up over an argument with the bass player on this exact issue. Not that they were some famous band but you get my drift.
I never bothered with ASCAP or BMI because I never expected sufficient distribution to warrant it. Just a little local band putting out a very small number of CDs for mostly our friends and family.
It’s easy to keep track of sales if you’re selling from stage or on CDbaby or from your local mom and pop shop but if you’re anticipating air play or more distribution, then by all means, get on board with BMI or ASCAP. Other musicians I know do it anyway because how knows when they’ll be “discovered”.
But definitely check out the BMI and ASCAP web sites and see what’s out there. Read the FAQ and decide.
My understanding of those two entities is that they do basically the same thing and the main reason for choosing one over the other is who and what’s associated with the name. BMI seems to be more Rock and Pop oriented but that’s just my impression.
