DoA Project: Anybody got a form?

[SnowVox]

So, I was working with a collaborator that apparently got spooked when asked to sign a collab agreement. It was 50/50 on a standard form, so I'm not sure what the problem was, but apparently there was.

 

Here's the problem: we'd already tracked the song. (I know, I know bad on my part. At the first session he said he needed time to read it. He is a novice musician and has never recorded/released anything, but I'm busy so ...yeah) He is now asking about the masters since we are "going our separate ways."

 

To my mind there is nothing for him to have. He provided a beat, he's got it at home somewhere. That's that. I don't think he should have access to any of the session files that include my lyrics or vocals. My lyrics and melody have nothing go do with his base composition as it was kind of minimalist. Am I wrong?

 

I've suggested we both sign some kind of contract/agreement indicating that while the song was already copyrighted (totally wasted money on a pre-reg because I felt funny about the whole thing from go), it's not going to ever see the light of day, in any form, but we are both free to take our contributions and use them elsewhere. This was of course in the section of the collab agreement that he wouldn't sign that covers what happens if a song doesn't find a publisher/is released by a particular date.

 

Anybody got something like that on hand or know where I can get it? I've never had this situation before and my lawyer ain't cheap. Plus she'll yell at me.

 

~A

[Scafeets]

 

So, I was working with a collaborator that apparently got spooked when asked to sign a collab agreement. It was 50/50 on a standard form, so I'm not sure what the problem was, but apparently there was. Here's the problem: we'd already tracked the song. (I know, I know bad on my part. At the first session he said he needed time to read it. He is a novice musician and has never recorded/released anything, but I'm busy so ...yeah) He is now asking about the masters since we are "going our separate ways." To my mind there is nothing for him to have. He provided a beat, he's got it at home somewhere. That's that. I don't think he should have access to any of the session files that include my lyrics or vocals. My lyrics and melody have nothing go do with his base composition as it was kind of minimalist. Am I wrong? I've suggested we both sign some kind of contract/agreement indicating that while the song was already copyrighted (totally wasted money on a pre-reg because I felt funny about the whole thing from go), it's not going to ever see the light of day, in any form, but we are both free to take our contributions and use them elsewhere. This was of course in the section of the collab agreement that he wouldn't sign that covers what happens if a song doesn't find a publisher/is released by a particular date. Anybody got something like that on hand or know where I can get it? I've never had this situation before and my lawyer ain't cheap. Plus she'll yell at me. ~A

 

 

I've seen this happen with songs that started as basic tracks and went their separate ways. You should establish, in writing if possible, just what he brought to the table. If it was only "beats" -- you're better off to cut him off right now and give him a recording of his beats without any chords, melody or lyrics. If you wrote the chords, melody and lyrics, YOU rote the song.

[SnowVox]

 

I've seen this happen with songs that started as basic tracks and went their separate ways. You should establish, in writing if possible, just what he brought to the table. If it was only "beats" -- you're better off to cut him off right now and give him a recording of his beats without any chords, melody or lyrics. If you wrote the chords, melody and lyrics, YOU rote the song.

 

 

That's why I was stumped that he thought 50/50 wasn't fair. Whatever. He seems to have gone into radio silence. If I don't hear from him, I'll just hold onto his "we leave with what we brought" email and hope for the best :-( It's all sooooo ridiculous.

[BlueStrat]

 

If it was only "beats" -- you're better off to cut him off right now and give him a recording of his beats without any chords, melody or lyrics. If you wrote the chords, melody and lyrics, YOU rote the song.

 

Indeed. Rhythm is arranging, not writing. If I take "Eleanor Rigby" and put a bossa nova rhythm to it, that doesn't mean I'm now a co-writer with Paul McCartney. That song stands on it's own no matter what rhythm is applied to it.

[daddymack]

Well, first, who put up the money for the recording? Second, with no written agreement, if all this person did was play the drum tracks on the song, you could for all intents consider it a work for hire, and his compensation could be the recording of his drum tracks...since he refused to sign, he basically has no evidence to the contrary. Send him a check if your conscience bothers you.

Also, the word 'collaborator' is a dangerous and easily misinterpreted one, especially around musicians (or drummers ) who do not understand anything about how copyright, publishing, etc works.

[SnowVox]

Sorry, was off the grid for a few days (in the mountains with no net or cell...it was strange)...

 

By "beat" I meant a base instrumental, which is loop based. I probably would have suggested some additional live instrumentation/native instruments, but it's whatever now. We split the cost of the production and I had already filed a pre-reg anyway as he asked me to email the roughs that I recorded at home. When asked to do this, I spent the extra cash and filed a pre-registration. I'm not the best engineer, but I've seen people upload stuff or as he did, forward it to a bunch of his associates who probably dropped it into a folder that is actively scanned by limewire or whatever. He seems to feel it should have been a work for hire, but that was never the discussion. I told him going in that I generally split it 50/50 (only once in my career was this not the case) and he would need to sign. Which he agreed to do, but then kept having an excuse whenever I asked for it. I even told him about the pre-reg. If I was trying to screw him over, I would have left his name off and not even given him the collab agreement: just waltzed off into the sunset with a song. When my regular engineer finished the base rough, I asked for it again and he balked. Began insisting that he didn't understand my intentions and that I had randomly written out an an agreement without getting his input. Whatever. It's the same one we've all seen a dozen times. I even pointed him to a bunch of web links to no avail. He felt like the song should be his and that just ain't gonna happen, so here we are.

 

BTW: Copyright law is also very clear on this: We would have had to SIGN a work for hire agreement or some other instrument if the copyright were not being split evenly between the creators. This never happened as that was not what was discussed. Absent a work for hire, the automatic default is a standard 50 music and 50 lyrics.

 

I'm more annoyed than worried about it.

 

New policy for a new year: I don't write or sing anything until we sign a collab. Call me a diva bitch if you'd like, we just won't work together.

 

I'm tired of the drama and just want to work with folks who want to get stuff done, everybody make a little money, and do it all again tomorrow. But that's not the industry. I've met more dishonest, thieving, lying, manipulative, drug addict, asshats with agendas (there's probably a good band name in there somewhere) in the last six years than I had in all my years prior:rolleyes:

 

If anything discourages me it's that.