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Writing together and permissions

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Neil C

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« on: September 17, 2017, 08:11:10 AM »
Hi,

A question about ethics and legal eagles following a post from Pompeyjohn.

What happens when you write a song together and then having written it and/or recorded it your collabertor decides they don't like the end result?
You both own equal share, but frustratingly the co-writer wants to withdraw there half..

What do you do?

 :)
neil
 
songwriter of no repute..

Boydie

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« Reply #1 on: September 17, 2017, 08:48:15 AM »
As with all of these types of questions, the key is getting agreement up front before the writing starts

E.g. things like...

% split of writing credits

What happens if someone pulls out

Can you use ideas that you came up with a discarded in other songs

If you write the music and work with a lyricist - can you put other lyrics to it

Etc. Etc.


If you wanted to earn money from the song and you did not have a written agreement in place then you would need all of the writer's permissions to sign it to a publisher

I would therefore suggest going back to the person that pulled out and ask that you get their permission to complete the song based on an agreed % split

It is ALWAYS imperative to either work with a co-writer you trust or get a proper co-write agreement in place BEFORE you start the writing process (which may even be worthwhile if you  are writing with a friend as we have all seen examples of people falling out over a song)

Perhaps I could look in to building a "songwriting resources" section of this site to have these types of agreements for members to use?
To check out my music please visit:

http://soundcloud.com/boydiemusic

Twitter: https://twitter.com/BoydieMusic

hardtwistmusic

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« Reply #2 on: September 18, 2017, 11:33:26 PM »
Essentially, you have lost control over your collaborater's part of the song in that situation barring an agreement to the contrary. 

Sounds bad, but consider yourself lucky.  Could have been way worse. 

In the absence of a carefully thought out agreement, your collaborator can insist that there is no OTHER direction you can go with a song than the one he and you went. 

Which means that if you don't like the end result, and he does, you can't stop him from putting it out the way it is. . . (which is - from his position - what has happened.)  He really can't stop you from using his input any more than you could stop him (or her if that is the case) from using it. 

BUT. . . again, consider yourself lucky.  Your co-conspirator can insist that you cannot take your half, and do something else with it (without an agreement to the contrary.)   

He can say (as half owner of the song - which is what he/she is unless otherwise agreed) that you cannot modify the song he/she is half owner of. 

It's unlikely (for any of us) that losing control of a song is going to keep us from "breaking through."  Far bigger problem to have our name irrevocably attached to something we/you don't like, and don't want to be associated with.  (Again, this is what your collaborator is feeling about this song.) 

Point is, have a COMPREHENSIVE agreement in place if you care deeply about these things.  There is no safe way to collaborate without it. 

Not that I follow that advice myself. . . but I have no illusions that any one of my songs is so important that losing control of it would be a tragedy. 

I hope that helps. 
www.reverbnation.com/hardtwistmusicsongwriter

Verlon Gates  -  60 plus years old.

Paulski

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« Reply #3 on: September 20, 2017, 01:46:47 PM »
I would say "turn the page".
Ditch that song and move on to the next one.
There are no guarantees when collaborating that both parties will be happy with the end result.
And a pre-nuptial agreement won't fix it. If I were to have signed such an agreement, I would insist on a clause that gave me the right to insist the song not be made public if I was not happy with it.
A song is not like an ugly baby - at the end of the day, no-one has to take it home.  ;D

Paul