Copyrighting Songs: What is the fair way to do it within a band context?

[New Trail]

Our originals band has probably 15 songs. Three or Four were written (at rehearsals) by the whole band. The others were written by one band member and brought it and shown to the band. None of these songs, even the ones that were written by the one person individually, would probably have never been written, or brought to fruition AS a song, if the band did not exist. How should these songs be copyrighted when the feelings of the members of the band, and the continuation of the band, too, is of utmost importance? What would be fair?

[Oswlek]

Almost every song that was ever written was aided in some way by another party. But if the the original person wrote the melody and the lyrics, they typically get full credit unless you have a standard "Lennon/McCartney" type deal for all works written by either member.

 

As for the band written material, if there really is no point of separation, then name each person in the band individually in the copyright.

[rhino55]

Agree on something ahead of time.

 

Legally speaking, songs = melody and lyrics

 

Whoever came up with that gets the writer cred. If it was collaborative then everyone involved gets credit.

[blue2blue]

 

Agree on something ahead of time. Legally speaking, songs = melody and lyrics Whoever came up with that gets the writer cred. If it was collaborative then everyone involved gets credit.

[bold added]

 

That is the most important thing: agree on the credit arrangements ahead of time, before the band starts working on them. It might seem silly or unnecessarily 'formal' but I would also strongly recommend setting those writing credits in writing, a contract, if you will. People forget. Particularly when you hop from band to band or by the time you've written hundreds of songs.

 

Now, you can certainly approach the credit issue in various ways. Sometimes writing credit is easy to determine but sometimes writing a song is more collaborative. And sometimes, in a band situation, the construction of the music may well be completely shared. Without prior agreement, credit might be assumed to go to the person who came up with the vocal melody -- but in the real world, the music may well be a truly collaborative effort and such a band may sensibly agree to share all the music credit -- or, like the Doors and a few other bands, simply share all the writing credit as a band.

[New Trail]

 

.....the music may well be a truly collaborative effort and such a band may sensibly agree to share all the music credit -- or, like the Doors and a few other bands, simply share all the writing credit as a band.

 

 

This is the way I'm leaning right now.

[blue2blue]

It can avoid bad feelings.

 

Almost the only anecdotal 'song theft' stories I've heard since I've been online (which predates the www itself) were from people who felt they'd been ripped off by bandmates for songwriting credit. And it's worth noting that these were almost entirely 'non-earning' songs in terms of royalties and licensing. But, you know, if you wrote something, you want credit.

 

 

(Now, let me just say that I consider that sort of thing in a different class than folks who've signed agreements with the wrong labels, publishers, managers, etc, and had their writing or even their ability to play in public owned by people who wouldn't let them play their own music or even play at all. Those stories are depressingly common.)

[churchofamon]

Great thread, I have always found this topic interesting as when I was in a band I wasn't a songwriter, but now that I am...