Collaboration Agreement
Whenever two people sit down to write a song together, they create a "joint work" and
both of the writers own the song. Although each person may create a distinct part
(such as the lyrics or the music), each writer has an interest in the entire work.
In other words, a situation where there are different contributions to just one
song is analogous to having the co-writers pouring small glasses of water into
one large glass; it is virtually impossible separate the parts.
For example, if A writes only the music and B writes only the lyrics, B still owns
half of the music and lyrics, as does A. When there is a joint work, either of the
writers can deal nonexclusively with the entire song, subject to the obligation to
pay the other writer(s) his/her share of the net profits. Therefore, it is advisable
that the writers enter into a collaboration agreement which sets forth how the
profits should be split if it is intended that the split be anything which
deviates from a 50/50 ratio. Fortunately, a collaboration agreement can be
quite simple and need only include a few major points:
First, the title of the song collaborated on must be listed in the agreement.
Second, the writers must agree to divide any and all net profits received from
the sale of the song. To do this, next to the composer's name, there needs to
be a percentage share he/she is entitled to. It should be specified whether
the composer contributed music and/or lyrics.
Third, the writers must agree that if expenses are incurred for the preparation
or presentation of the song, each of the writers shall be responsible for a
percentage of the expenses. The percentage is usually in the same proportion
as would apply to the net profits.
Fourth, it should be agreed that expenses shall only be incurred upon all parties' consent.
Fifth, the writers should agree that at any time before the song is placed with a
publisher, the writer may withdraw his/her collaborative contribution freely, provided
that he/she shall have no claim to, or rights in, any subsequent collaboration on that
particular song.
Sixth, the writers should agree that the collaboration agreement only applies to the song
listed, and no other.
Seven, the date, signatures, addresses and social security numbers of the writers
should be included at the end of the agreement.
So that there is no confusion as to rights and profit splits, when two or more persons
write a song together, a simple agreement including the above will make life much
easier if and when the song makes money.
Copyright 1998, Ben McLane
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