This is the fourth and final part of my blog posting series on “Making Money From Your Songs”. Part One explains "What Is Music Publishing", Part Two discusses “Forming a Music Publishing Company”, and Part Three discusses the basic principles of "Joint Ownership of Songs".
Who Owns a Song Co-Written by Band Members?
If you’re in a band and you bring a song to the band that you have written completely on your own, you are clearly the owner of the copyright in the song. Even if another band member writes a new musical arrangement of the song or writes the part for his particular instrument, you are still the copyright owner of the song. However, when another member does more than just a bit of tweaking – such as writing a new hook or providing lyrics – your band mate arguably becomes a co-writer, and thus a co or joint owner, of the song.
Should All Band Members Have an Ownership Interest in Band Songs?
Some bands decide to share the copyright in the songs and all music publishing income – regardless of which band member writes the songs. Many music industry professionals disagree with this approach.
While one for all and all for one is a great band motto, you need to factor in that the copyright in your songs – and the corresponding opportunity to derive money from your songs – lasts for your lifetime plus seventy years. That’s longer than your band is going to be together. The copyright in your song can be passed onto your heirs. Think about if sharing all the publishing income from your songs is something you want to do even after your band is no longer together.
One Fair Alternative to Perpetual Joint Ownership of Band Songs
One alternative is having the songwriters hold onto the copyright in their songs but allowing all the band members to share in publishing revenue during the life of the band and perhaps for a set period thereafter. That way, the writers preserve their interest in what could become a very valuable property and the other band members receive some compensation for their role in the song’s success. For this structure to work, you need a very clear understanding of music publishing and a written agreement – preferably one that is written or at least reviewed by a knowledgeable music attorney.