Collaboration Agreement Help

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TuKatz
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Collaboration Agreement Help

Post by TuKatz » Tue Nov 30, 2021 10:34 pm

Hello All:

So, I am about to embark on something that I have really never done before as far as this level of professionalism before, and need some advice from those of you who do this quite regularly. I am about to begin a new co-writing collaboration with a lyricist that we both connected to each other during this years road rally. We have been discussing the terms of the collaboration and the splits (50/50) through e-mail and a zoom call. We have also discussed our intent for the music that we are going to create together (sync-licensing). I began researching collaboration agreements online and see that they can be extremely involved (which is understandable considering what can happen with a piece of music and trying to account for as many variables and potential disagreements that can arise). For those of you who do this quite often (like Casey, Vikki, Matt, etc.), when you enter into a new collaboration with someone, what kind of contract do you enter into with your potential new co-writer? Is yours quite complex (dealing with not just splits, but administration, expectations, limitations on uses, etc), or are they very simple (like, just splits)? I assume it is written, but have you done verbal ones (not that I am considering it, just want to know). I am also considering having an entertainment attorney (like Erin Jacobsen) draft up a general form that I can use now and in the future (since I would like to pursue more collaborations in the next year and beyond), would that be an appropriate course of action to use or is there a reputable place (like LegalZoom) to get the appropriate forms that would cover say 80% of any possible problem or disagreements that would arise (that would lay out the basics of an agreement). Also, Did you have an attorney draw yours up for you?

Thank you all in advance for your advise. I look forward to your replies.

Charles.

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Re: Collaboration Agreement Help

Post by RobertElse » Thu Apr 21, 2022 11:52 am

HI Charles! I can't believe nobody has replied to this so far. I've done one collaboration with a fellow TAXI member whom I'm sure you know, and would be glad to send it to you. I'm using it as a template for another collaboration I just finished. I too spent time looking for a sample, and it gets complicated very quickly.

Let me know if you came up with anything on your end. I'm sure lots of people have this same question... yours is the first match I found on the forums, but I bet there are more.

Best wishes as always,
Robert

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Re: Collaboration Agreement Help

Post by cosmicdolphin » Thu Apr 21, 2022 1:14 pm

Never had any written agreement for a collab, just verbal....50/50 :roll:

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Casey H
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Re: Collaboration Agreement Help

Post by Casey H » Thu Apr 21, 2022 2:42 pm

I have one that myself and many Taxi members have been using for years. I don't think you need to spend money on an attorney for a COLLABORATION AGREEMENT. Other things, possibly. PM me your email address and I'll send you this one. Disclaimer: Not an attorney and take no responsibility.

:D Casey

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Re: Collaboration Agreement Help

Post by VanderBoegh » Thu Apr 21, 2022 9:10 pm

Hey Charles - sorry I never saw this thread. I'm just beginning to re-emerge on these forums after many months - maybe years - of being more of an occasional "checker-inner".

I do TONS of collaborations. Before I go any further, I want you (and everyone else reading this) to know that this is not legal advice, nor good advice, or anything at all other than a glimpse in to how I work behind the scenes with these agreements. Some people are even more laissez-faire with them, and some people are super strict with contracts and formal documents. What route you take is up to you.

But for me, I've never had any legal document drawn up and signed. I've never required a signature from people, and I've certainly never consulted an attorney. But, what I do EVERY TIME I work with someone new, is be very clear with an email that outlines my "agreement points". The major one, in my case, is that I give equal splits for everyone involved. 50/50 for songs involving myself and one other person, and 1/3's for three-person collabs. So, I do have these "terms" in writing, and then I've got their email response which usually says something like, "cool, when do we start?" So, I suppose, if push ever came to shove and I found myself in a courtroom facing down an irate collaborator over $50 in royalties they thought they should have had, I've got enough paper trail to show that I spelled out the agreement, and it was agreed to, and stuck to.

Now, will any of our songs EVER rise to the level of needing legal intervention? Extremely doubtful. But bridges can get burnt if you're not careful, and that can be damaging to future collabs with that person or others. Regardless how you do it - whether in an email or with an official contract - the best policy is to be super clear with the details so nobody feels screwed on down the line. To this end, this is why I always do equal splits.

Work-for-Hires are a completely different beast though, and I always have an official document signed for those. But I rarely go the route of WFH.

Hope that helps,

~~Matt

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Re: Collaboration Agreement Help

Post by cosmicdolphin » Fri Apr 22, 2022 4:03 am

VanderBoegh wrote:
Thu Apr 21, 2022 9:10 pm
But for me, I've never had any legal document drawn up and signed.
I still have SMS message agreeements in my phone...

" U OK 50/50 M8 ? "

" Thumb Up Emoji "

Like you say, if they want to go to court over $50 ..... :lol:

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Casey H
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Re: Collaboration Agreement Help

Post by Casey H » Fri Apr 22, 2022 4:45 am

I agree with what's been said (MVB, Cosmic) and most of the time I don't bother with these agreements. With people that I know well and trust, it's a given that everything is an even split and no one is going to be an ass about any of it. I've found that 99.99% of people I meet through the Taxi community fall into that. Kudos to the level of professionalism around here. :D.

However, a few times when I worked with someone new that I met from outside the Taxi community, I was glad I did it because not everyone out there works under the assumptions we all work with. Splits both on the composition and the recording... Who can sign with non-exclusive libraries libraries (some like RF sites don't ask for co-writer's signature)?

I had one bad experience with someone I had tons of common music friends with and was laboring under the assumption that all was like any other co-write project. Out of the clear blue, they told me that they thought they deserved 70-75%. (I told them 50/50 or forget the whole thing). Another time a new co-writer (someone who is great BTW) started pitching the song to tons of non-exclusive libraries right away. I do multiple non-exclusives all the time but I wanted to slow this down a bit while we waited for a reply from the "Critical" library. That was because if C rejected, we might want to consider a good exclusive library before putting in a bunch of non-ex ones. The collab agreement says that each co-writer should get the OK from the others before pitching unless they can't be reached for N days.

Obviously, those who "know the game" know that splits are even and not to pitch anywhere without other co-writer's OK first. I don't give it any thought with folks from around here.

The other thing that people don't think about is the difference between composition and master recording. Person A writes a song and Person B does the production and recording for a 50% co-write. For Film/TV, it's mainly about the master recording and both parties assume a 50/50 split. But let's say person A wants to do a pitch for an artist to record. Will they claim that since it's the song, not the recording, is all theirs? Personally, I make sure that the splits are even on both recording and song to avoid ANY complications later.

One more... A deal is pending and a co-writer, for whatever reason, can't be reached for days or weeks on end. The agreement can say that if a co-writer can't be reached for N days, the others get power of attorney to sign for the track on their behalf. I can't say that libraries will accept this, they may not, but worth a shot.

So no, you will never be in court over stuff like this but there are details that many don't think about. Does it have to be a formal agreement? Probably not. But it's good to have something on record for all these issues, be it an email or whatever. One advantage of the agreement is it's well laid out and structured regarding these items.

Same legal disclaimer: I am not a lawyer and can't even play one on the forum. :D

Casey

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Re: Collaboration Agreement Help

Post by gitanosoy » Fri Apr 22, 2022 8:33 am

Wouldn't go as far as an attorney unless it was a personal album, trademark...e.t.c but a standard agreement and as others mentioned emails are all proof. You can also enter info in the metadata.

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Re: Collaboration Agreement Help

Post by CTWF » Fri Apr 22, 2022 10:24 am

Casey H wrote:
Fri Apr 22, 2022 4:45 am
One advantage of the agreement is it's well laid out and structured regarding these items.
+1
https://soundcloud.com/ctwf --> 0|°_°|0 <-- I am a producer/composer with TV & radio placements around the globe. -- Music is the mathematical transmitter of human emotions.

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