Boilerplate Collab Memo Before Starting???

[TimWalter]

Not sure if this is the right forum to post this..

Ok. I come from the business world, and this sort of thing would not bother me in the slightest. Its like, when you engage a new attorney, usually they will send you a 5 or 6 page engagement letter that they ask you to sign a form that you agree with it. Those things are normal in business (similar things would be supply agreements between a vendor and a customer, etc), but not sure how the typical songwriter might react.

My idea, in order to cut down on any future misunderstandings, would be to generate a simple 1 or 2 page agreement form that both parties would agree to and sign. Paragraphs could include (but not limited to)

- How to split ownership
this section would include each parties PRO and #, as well a agreement that all songs written together would be split equally between all cowriters, as far as publishing/songwriting ownership goes. As far as the master recording, if I do all the singing, playing, and engineering, I'd like to keep 100% of the master recording rights. If my cowriter adds anything to the recording (voice, an instrument or two, or does everything except I add one instrument or voice), we split master recording ownership 50/50.

This section should also include specification if each cowriter can have administrative authority over the song or not (ie. if one cowriter can unilaterally sign to get the song or composition placed, eg One Stop Shopping). Obviously having administrative authority doesnt change the ownership split. The only problem with both or all cowriters having unilateral signing authority is if both pitch for the same opportunity. That would not be good. Wonder how you more experienced collaborators work this?

How we cowrite
mention we plan to skype, or get together one on one, or just a sentence or two on how we will work together. If one party only provides lyrics, mention that, just so both parties aren't surprised later.

- How to communicate
List all different communication ways and specific information for both parties (or if there are more than 2, all parties): tel number, email, skype or facetime account, and so on). Also, any limitations on times when communication should be blacked out, when not to call and or when its ok to email but not call, etc. (with a recent cowriter, I sent her a text at 3 in the morning, thinking nothing of it (people can send me text 24 7, if I want to sleep I either wont wake up when the text comes or I will shut my phone off, etc). I got a rather strong reply at 3 am from her coldly stating that I had interrupted her sleep and to pls not text or call between the hours of 9pm and 9am. She said email was ok. I apologized profusely and felt really bad. If I had known about such limitations in advance I would not have violated them.)

I live alone with no kids, and no day job, so Im probably not as schedule rigid as my typical cowriter (although after hearing Russell Landwehr's lecture at the Rally, Im boing to step up my time scheduling game...) , and Id be happy to accommodate such limitations if I recognize them in advance.

My reason for posting this here now, I wonder how other co writers might react to such a boilerplate starting memo? it might put some off.

Also, if fellow Forumites see anything I left off (or I got wrong), pls chime in.

Thanks.

[Len911]

It seems a little like a prenuptial agreement before the first date.

I think most of the preliminaries can be handled through discussion and "gentlemen's agreement", courtesy and common practice expectations. A co-write is different than services rendered, or a product delivered, it's more about deciding if this is a person you can trust and are able to work with comfortably.

I don't think a written collab memo is any more effective than remembering to ask next time about calling or texting hours in your next pre-collaboration discussion. What happened in your story was just life, you can't cover everything, and gave me a little chuckle when I read it,lol!

Will it turn some people off, probably, but most importantly, what if someone replied, "Thank God, someone that feels the same way I do", and subsequently sent you a hundred pages of their likes and dislikes for you to sign off on??

[TimWalter]

It seems a little like a prenuptial agreement before the first date.

I think most of the preliminaries can be handled through discussion and "gentlemen's agreement", courtesy and common practice expectations. A co-write is different than services rendered, or a product delivered, it's more about deciding if this is a person you can trust and are able to work with comfortably.

I don't think a written collab memo is any more effective than remembering to ask next time about calling or texting hours in your next pre-collaboration discussion. What happened in your story was just life, you can't cover everything, and gave me a little chuckle when I read it,lol!

Will it turn some people off, probably, but most importantly, what if someone replied, "Thank God, someone that feels the same way I do", and subsequently sent you a hundred pages of their likes and dislikes for you to sign off on??

Thanks Len
You're probably right. good comments.

Probably better would be for me to make a checklist of my own to make sure I review during the first discussion with my collaborator conversatoinally (rather than "and now on to point #4" lol). That would be much better.
Thanks.
Tim