Co-Writer and Band Issues - Read This First!

More often than not, musicians at the base have good intentions, at least from their personal perspective. Most of us try to do what seems right based on the information we have at hand. Nothing is more destructive and damaging than two people who think they are doing the right thing, coming into conflict. This is never more evident than when co-writers and bandmates disagree. Nearly all of us have had a falling out with someone we are creating with, and most of the time the problem could have preemptively been avoided by open communication. Some examples:

1. When co-writing songs with someone, before the first note or word is written, have a frank discussion about the legal fact that you are entering into a 50/50 arrangement regardless of the actual contribution either of you make to that song. Without a legal document mutually agreed upon and stating otherwise, you will both have equal rights to that song, even if one of you made only a minor contribution. Some people call this the "in the room rule." That means if you are in the room while the song is being created, and the intent is that you are working on the song with the others, you are probably a co-writer regardless of your final contribution. Make sure everyone is aware of this. If you can't accept these basic facts, don't start the songwriting.

2. Discuss what will happen to the tapes, documents, masters and all the other joint investments if either of you should want to cancel your partnership. (Always keeping in mind that regardless, you are 50/50 partners in the ownership of that song.) Who owns the tapes? My suggestion is that you discuss all these types of issues and come to a mutually satisfactory agreement before you start the process. In some cases, you can simply make 2 
copies of everything etc. But don't wait until one angry co-writer has them in their possession and you are the one left with nothing. 

3. If you are in a band, discuss who is going to be responsible for what. Who will arrange the practices. Who will call the booking agents? Who will scout the venues? Who will accept the payment and exactly what will be each band member's share. Do all this BEFORE you ever perform for money. Do it before you all invest your heart and soul in a band situation only to have it unravel because people expected someone else would hold up their share when that person never had any intention to do so in the first place. 

4. If you are dealing with a publisher, make sure you have your own legal expert review contracts and protect yourself. BUT.. you should also have candid discussions with the publisher yourself to answer questions like "what happens if you go out of business" and "exactly who are you going to pitch my material to" and so on. Don't ever assume anything. And don't rely only on your lawyer to protect you from your lack of communication with legal 
documents. Communicate! 

5. If you are arranging to perform at a venue, discuss with whoever is in charge what they expect from your band and your performance. Mention what your band has to offer and how you approach entertaining your audiences. If you do something surprising to the audience, it SHOULDN'T be a surprise to the venue. (I.e., using flame pots, or throwing candy out to the crowd, which has been known to cause a few disasters with it landing in drinks or meals that had to be replaced.) Make sure both of you are on the same page. You want this to be a long term, mutually rewarding experience. Save the surprises for the audience! 

6. If you are in a band or duo situation, discuss up front who will be doing the songwriting. Nothing causes more strife in a band or duo than people upset that their music is not being played/heard. If you are a writer and feel you MUST use only your material, you owe it to your group to let them know your feelings upfront and let them decide whether or not to accept those terms. 

7. Lastly, when you select a name for a group (after first researching it to ensure no one else is using it at the national level), consider registering it to protect the reputation you will be earning. Decide whether one key person will "own" the name, or if it will be an asset of the entire group. Try to arrive at an accord on this matter early on, so that if someone eventually leaves the band, or it breaks up completely, you will all know who, if anyone, is entitled to start a new group and re-use the same name. By addressing the issue when everything is friendly, you can avoid huge problems down the road. See "How to Obtain Trademark Protection for a Band Name" (coming soon to this section of the COMA page), for directions on how to obtain trademark protection.

In sum, when dealing with a group or even a duo, it is wise to make a list of issues at the beginning of the relationship, with notes as to how each situation will be handled, having each person sign it to indicate their accord. While this procedure might seem likely to stomp your buzz about making the music, it is less formal than preparing and signing a formal band agreement (which is also recommended) and does serve to help resolve the inevitable questions that will arise if you stay together long enough and/or enjoy a significant degree of success.

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