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Old 26th July 2012   #1
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Record points and publishing - stuck.

Sorry if this is in the wrong area - seems like people in this area can speak from experience more.

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So I play in a band with a good buddy of mine who is the songwriter for this band. We also have an electric guitar player who has indicated that this record is his swan song with the band, but has been with us for a long time.

We decided about a year ago to make a record. We have hardly any budget so we used my connections to get some free nights in a great studio, used my home setup for lots of tracking and also paid for two days at another studio.

I am engineering and producing the record, and also playing a multitude of instruments and composing accompanimental elements. At this point I've spent probably 90% more time than anyone else on the project (not because they don't want to but because one guy lives in another state and the other has a day job. I also have the home studio setup to edit and mix and do all that stuff.) Not griping, thats just how it is.

He spent a total of maybe $1300 on studio time and plane tickets, I spent probably the same on some necessary gear so I could work effectively on production elements out of my place.

He wrote all the songs, played drums, acoustic and sings. I played all the bass, played string arrangements, some electric guitar, organ and did the production type sounds and all the engineering/editing/mixing. Our electric guitar player worked maybe 6 days and played all the lead guitar.

I have not been paid anything for my work in the form of fees, but that's all good and it's what we decided to do.


My question is, what is a reasonable deal to strike regarding royalties and perhaps publishing of this work? My first instinct is 50 for songwriter, 45 for me and 5 for our electric player.

What are your thoughts and what would be an industry norm for this type of project?
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Old 27th July 2012   #2
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He who writes the songs, gets all the song-writing credits. Arrangements do not (normally) count towards this.

The mechanical (i.e. recorded noises) is obviously the result of a partnership and as nothing has been agreed, will be an even split between all those involved. If you wish to alter this, you are going to have to draft a simple partnership agreement.
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Old 31st July 2012   #3
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Originally Posted by The Byre View Post
He who writes the songs, gets all the song-writing credits. Arrangements do not (normally) count towards this.

The mechanical (i.e. recorded noises) is obviously the result of a partnership and as nothing has been agreed, will be an even split between all those involved. If you wish to alter this, you are going to have to draft a simple partnership agreement.

Thats what I'm starting to understand as well. So if the song is covered by another artist, the writer gets to license that song and would be paid for that licensing.

The recordings of our songs that we have produced together is considered the mechanical and would be subject to whatever split we agree upon for licensing or sales of the record/songs?
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Old 31st July 2012   #4
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So would I then become the Publisher for these songs as in the ASCAP formula?
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Old 31st July 2012   #5
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Might be good to do a contract so you are buddies long term...
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Old 31st July 2012   #6
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i am in a 3 way deal for 13 songs ... i produced / played all instruments except for drums and 2 solos ... i wrote 5 of the 13 songs and decided to go with the 3 way deal for songwriting and publishing ... i spent 40,000.00 worth of my time, playing / engineering / producing ... 2 of us would like to sell the songs to a placement firm .. 1 does not ... a tough position to be in ... and the 1 person was suppose to be in charge of promoting the CD ... he has not done much and i am now involved in trying to do something with this mess ...

we have a contract that i wish now would have been separated by the songs ... i am stuck .. even though they are friends, as another post said, have a contract or you will not have friends ...

even though we have a contract it is still tough ... 2 people is hard enough ... 3 is a near disaster ...

i would like to see us get a small part of something instead of a huge part of Nothing ...

just my .02

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Old 31st July 2012   #7
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Quote:
Originally Posted by yotonic View Post
You can do whatever you want. Your singer can share songwriting credit with you, happens all the time. If you guys are buddies you won't even need contracts. I thought your split made good sense.
The singer does not have to share songwriting credit with you for you to have a piece of the publishing. Just think about the traditional job of a publisher, which is to put the music out to the public. If you are a major part of this effort then you may be entitled to a share of this, but you will have to negotiate that with the songwriter, and whatever you decide will be immortalized in a legal document or some sort of binding written agreement.

This way you can enjoy a piece of the copyright without claiming to be a writer of a song that someone else actually wrote.

Tread lightly, however.

-R
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