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Just Learned Former Band Member Sold Songs...


daddymack

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Can you PROVE your contribution to the finished product? Can you afford to sue? Has the product, or does the product have the potential to make a profit well beyond the cost of litigation? If the answer to any of these questions is "No", or even "I'm not sure", skip it. Next time you collaborate, write down some kind of agreement on the nearest piece of paper.

I wrote the final verse to a song a friend was working on. All I asked was a co-writer credit on the album. Nope. I was pissed, still am. However, the song Never did and probably never will make enough to buy a loaf of bread. Pity. It was a good song, especially the last verse.

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I’m no expert, but from what I do understand, if you didn’t write the lyrics, and the melody was changed, there’s not much credit due you.

The music, chord progressions, riffs, etc, are pretty much not protected, and I hate to say it, but it only makes sense (there are exceptions with established songs, but that’s a different matter).

I was on the other end of your situation (sorta), where I wrote lyrics to their music, and my buddy/singer helped out with the melody. We were going to register copyright protection as a group, but they pulled some major crap (long band-drama story) and we disbanded, so I submitted the demos claiming lyrics for myself and melody for my buddy.

They were major pissed when they found out, but I told them what I claimed (there was no argument what my contribution was), I told them to submit the demo and claim their contributions,

but I’m sure they knew they’d be wasting their time.

I have a feeling that gal knew exactly what she needed to do to use you and retain her legal rights.

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I made sure I left the studio with a lead sheet that had my name on it, dated, along with the signature of the co-writer(s).

That simple act seemed to keep most people honest.



Good idea, for real. :idea::thu:

But in my understanding, which is old and fleeting in these situations cuz the law is always shifting, 90% of you leverage comes from who filed for ownership first. It is my understanding that the court sees the original filer as the owner FIRST. It is up to the collaborator to defend why he/she/it was wrongfully out of the loop. And that is a bit difficult to prove.

But the lead sheet thing is a good idea as it let's everyone know that you are keeping track. But it doesn't PROVE anything. See Michael Bolton's famous "How Am I Supposed To Live Without You" case I mentioned earlier, among others.

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What do you mean sold? She sold a piece of the publishing? Either way I would get confirmation of these and an attorney. You need a Lawyer.

 

I really am not interested in taking this to court. This to me is more of a moral issue than a legal one. I hope the song does well. My other bandmates will know the truth...and she still is not returning my calls, so I am fairly certain she knows that I know the song made her some money. All I want is my name on it, she can keep the money. I figure having my name on is worth more than the price of one song.

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Sounds good in theory. But who would actually do that in the real world of most bands?.

 

 

I do two things...

 

(1) During songwriting, I videotape the sessions. It's really useful for remembering your ideas later (and sometimes how to play again what you played once), and every once in a while to help "someone" remember who really wrote the song.

 

(2) If I'm going to commit any resources to recording the song (use my studio, bring in session players, etc) then I submit a SR forum (online these days) promptly after we have a working version and ask the other songwriters to sign that form. If they won't, well, then I have no interest in wasting my time working with them in an unpaid role.

 

Works for me, and yes I learned it the hard way.

 

Terry D.

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