Who owns publishing if you co-write?

[TheElement]

Hi guys if you wrote the lyrics for a song with 2 other writers and you wrote all the music who owns the publishing? Or how is that split?

Also what happens if you lose contact with the other writers and you want to place the song in a library?

Thanks.

[kclements]

Hello.

This is the kind of stuff that should be spelled out in the writers agreement. And you should be very specific. You should address ownership, how you are splitting the writers and publishers share... If you are planning on submitting to a library, they will take the publishing, so your agreement should allow for that. You want this in writing and signed by all parties, otherwise a library won't sign the track.

I would be sure to have all my ducks in a row before submitting any track to any publisher or library.

Hope that helps.

Cheers
kc

[andygabrys]

absolutely like Kayle said. Business before rocking out.

but...

in absence of a publisher or library rep'ing the track, the publishing is owned by the writers, generally in a same split as the writing share is split, unless you have an agreement that specifies otherwise. And you need that agreement regardless

as far as signing a track - sometimes we (meaning people I work with) have a "power of attorney" document that specifies that only one of the two co-writing parties (or 3 or 4 whatever) can sign off on a deal. This is usually for placements where you need to respond ASAP and the other co-writers are like in the Bahamas or something (on vacation )

if co-writers cannot be located - you might be S.O.L. unfortunately.

don't take any of this advice to be total legalese, seek help from an entertainment attorney.

HTH.

[TheElement]

Thanks guys. I thought that. @ Andy..Bahamas..LOL

Well I guess I will have to retire that song as the master is also owned by someone else. This is one of the reasons why I started producing my own stuff. Now I own everything.

[andygabrys]

Thanks guys. I thought that. @ Andy..Bahamas..LOL

Well I guess I will have to retire that song as the master is also owned by someone else. This is one of the reasons why I started producing my own stuff. Now I own everything.

good call.

[TheElement]

Also retiring "Airtime". that production is not that good and the intro is really bad.

Might be able to use "El Paso" and "La Siesta"

These are the only ones left from 10 yrs ago..

Gavin

[Kolstad]

Actually, if you anticipate the risk of loosing contact with someone, you can spell out in the agreement that the remaining parties will have leeway to pitch and promote the song without the third members consent (if contact can't be established). I've seen agreements like that before.

After all, the whole purpose of a written agreement is to protect the project and the participants. In a written agreement you would also put contact information like address, phone and email. If any of those changes, it's the cowriter's responsibility to notify the other cowriters.

But if it's a project you already have, and things have slipped without a written agreement, you are probably in trouble. Only exeption is if you're in the US, and you've done the cowriting for a company (like a publisher ect.). In that case all rights automatically revert to the company as far as I know (but I'm no lawyer). In Europe, it wouldn't be so.

[TheElement]

Actually, if you anticipate the risk of loosing contact with someone, you can spell out in the agreement that the remaining parties will have leeway to pitch and promote the song without the third members consent (if contact can't be established). I've seen agreements like that before.

After all, the whole purpose of a written agreement is to protect the project and the participants. In a written agreement you would also put contact information like address, phone and email. If any of those changes, it's the cowriter's responsibility to notify the other cowriters.

But if it's a project you already have, and things have slipped without a written agreement, you are probably in trouble. Only exeption is if you're in the US, and you've done the cowriting for a company (like a publisher ect.). In that case all rights automatically revert to the company as far as I know (but I'm no lawyer). In Europe, it wouldn't be so.

Thanks for the info. Yeah this song was written years ago and we were all unprofessional. We didn't know what we were doing. So I guess now I have great advise from professionals on how to write professionally I am more careful who I write with now. I have to let these songs go and move on to better songs. The past is not my future.