Collaboration Agreement
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- DanLuedke
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Collaboration Agreement
I am working on putting together my first collaboration agreement. A previous (very helpful) post directed me to this template: http://johnbraheny.com/resources/collab ... agreement/ Articles 3, 4 and 6 of this agreement have to do with the division of musical and lyrical contributions of the writers and seem to necessitate a "clear cut" division. My co-writer and I have instrumental cues (no lyrics) that we consider 50/50 in our musical contributions. How should articles 3, 4, and 6 read for our situation? Here they are from the site:
3. ______________________ wrote all of the lyrics to the song(s); ___________________________ composed all the music to the song(s).
[NOTE: IF THE WRITERS HAVE MADE VARYING CONTRIBUTIONS TO THE MUSIC AND LYRIC, AND THERE IS NO PRECISE SPLIT IN RESPONSIBILITY FOR EACH, AN ATTEMPT TO IDENTIFY INDIVIDUAL CONTRIBUTION IS OF VIRTUALLY NO USE.]
4. If the song(s) are not [signed to a publishing agreement/commercially recorded/commercially released] by _______________ we may each withdraw our respective creative contributions to any song(s) not meeting such requirement, and the other(s) shall have no remaining claim to income from any use then made by the creator thereof. [NOTE: AGAIN, THERE IS LITTLE PURPOSE TO THIS CLAUSE UNLESS THE DIVISION BETWEEN LYRICAL AND MUSICAL CONTRIBUTIONS IS CLEARCUT.]
6. [One of the writers] [All of us] Any of us with approval, etc. may authorize changes to the lyric or melody of the song(s) and may reduce the shares of all of us in equal proportion to compensate any new songwriter(s) adding such creative changes. [NOTE: IF THERE IS A DEFINITE DIVISION BETWEEN LYRICAL AND MUSICAL CONTRIBUTIONS AMONG THE ORIGINAL WRITERS, REDUCTIONS FOR CHANGES MAY BE APPROPRIATELY CATEGORIZED BY THE TYPE OF CHANGE AND ASSESSED AGAINST THAT WRITER.]
3. ______________________ wrote all of the lyrics to the song(s); ___________________________ composed all the music to the song(s).
[NOTE: IF THE WRITERS HAVE MADE VARYING CONTRIBUTIONS TO THE MUSIC AND LYRIC, AND THERE IS NO PRECISE SPLIT IN RESPONSIBILITY FOR EACH, AN ATTEMPT TO IDENTIFY INDIVIDUAL CONTRIBUTION IS OF VIRTUALLY NO USE.]
4. If the song(s) are not [signed to a publishing agreement/commercially recorded/commercially released] by _______________ we may each withdraw our respective creative contributions to any song(s) not meeting such requirement, and the other(s) shall have no remaining claim to income from any use then made by the creator thereof. [NOTE: AGAIN, THERE IS LITTLE PURPOSE TO THIS CLAUSE UNLESS THE DIVISION BETWEEN LYRICAL AND MUSICAL CONTRIBUTIONS IS CLEARCUT.]
6. [One of the writers] [All of us] Any of us with approval, etc. may authorize changes to the lyric or melody of the song(s) and may reduce the shares of all of us in equal proportion to compensate any new songwriter(s) adding such creative changes. [NOTE: IF THERE IS A DEFINITE DIVISION BETWEEN LYRICAL AND MUSICAL CONTRIBUTIONS AMONG THE ORIGINAL WRITERS, REDUCTIONS FOR CHANGES MAY BE APPROPRIATELY CATEGORIZED BY THE TYPE OF CHANGE AND ASSESSED AGAINST THAT WRITER.]
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- Russell Landwehr
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Re: Collaboration Agreement
Heya Dan.
If you don't think a specific clause is useful or applies to the collaboration, you don't have to use it.
#3 and #4 don't seem to me to really apply to your 50/50 with your co-writer as you've described it.
#6 seems to me that it could be pertinent if one or both of you are shopping the song and want to make some minor changes before sending it out... but you could change the wording to say that making changes to the song in no way recalculates the 50/50 split.
Regards
Russell
If you don't think a specific clause is useful or applies to the collaboration, you don't have to use it.
#3 and #4 don't seem to me to really apply to your 50/50 with your co-writer as you've described it.
#6 seems to me that it could be pertinent if one or both of you are shopping the song and want to make some minor changes before sending it out... but you could change the wording to say that making changes to the song in no way recalculates the 50/50 split.
Regards
Russell
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- edmondredd
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Re: Collaboration Agreement
Sorry to bring back this subject to life again, but I'm curious to see what happened with the agreement form..
I'm very much interested in getting a similar form between 2 music collaborators, for instrumentals only.
Does it have to have a period to remain in force, or it's agreed that's it's in perpetuity?
I'm very much interested in getting a similar form between 2 music collaborators, for instrumentals only.
Does it have to have a period to remain in force, or it's agreed that's it's in perpetuity?
- Russell Landwehr
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Re: Collaboration Agreement
It would seem that if there is no time frame specified, it would be in perpetuity unless by written agreement by both parties.edmondredd wrote:Sorry to bring back this subject to life again, but I'm curious to see what happened with the agreement form..
I'm very much interested in getting a similar form between 2 music collaborators, for instrumentals only.
Does it have to have a period to remain in force, or it's agreed that's it's in perpetuity?
Multi-Genre Composer and Producer of TV and Film music Providing Easy to Use Cues for Every Scene
http://www.sensawehr.com
https://www.taximusic.com/hosting/home. ... l_Landwehr
http://soundcloud.com/russell-landwehr
http://www.sensawehr.com
https://www.taximusic.com/hosting/home. ... l_Landwehr
http://soundcloud.com/russell-landwehr
- andygabrys
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Re: Collaboration Agreement
but in the land of endless lawsuits, hurt feelings, and mindless legalese - you may as well explicitly state EVERY SINGLE THING that is a possible point of contention.Russell Landwehr wrote:It would seem that if there is no time frame specified, it would be in perpetuity unless by written agreement by both parties.edmondredd wrote:Sorry to bring back this subject to life again, but I'm curious to see what happened with the agreement form..
I'm very much interested in getting a similar form between 2 music collaborators, for instrumentals only.
Does it have to have a period to remain in force, or it's agreed that's it's in perpetuity?
So I would say "in perpetuity" in the contract language.
Last edited by andygabrys on Mon May 09, 2016 7:52 pm, edited 1 time in total.
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- Russell Landwehr
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Re: Collaboration Agreement
GAWD isn't that the truthandygabrys wrote: but in the land and endless lawsuits, hurt feelings, and mindless legalese - you may as well explicitly state EVERY SINGLE THING that is a possible point of contention.
So I would say "in perpetuity" in the contract language.
Multi-Genre Composer and Producer of TV and Film music Providing Easy to Use Cues for Every Scene
http://www.sensawehr.com
https://www.taximusic.com/hosting/home. ... l_Landwehr
http://soundcloud.com/russell-landwehr
http://www.sensawehr.com
https://www.taximusic.com/hosting/home. ... l_Landwehr
http://soundcloud.com/russell-landwehr
- edmondredd
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Re: Collaboration Agreement
better safe than sorry eh?
Thanks a lot for your answers Russel and Andy..
Thanks a lot for your answers Russel and Andy..
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