If you're a songwriter that collaborates with other people, the importance of split-sheets can't be over emphasized.
A split-sheet is a simple agreement between songwriters that divides ownership of a song. Who who gets a cut of publishing revenue and how much? When there isn't a signed split-sheet outlining each contributor's cut, song ownership is automatically split equally among all contributors. For some situations, an equal split is a fine arrangement ﹣ but for other situations, it can be a real headache.
Without a split-sheet, it's almost impossible to prove who contributed to the songwriting process. That's a recipe for disaster, especially if there's money at-stake (and especially if you're dealing with shady individuals). What if, years after writing a song, one of your co-writers insists that you weren't actually part of the songwriting process? Nightmare situations like this are rare, but they happen.
Who Gets a Cut?
Scotty is a gifted pianist who produces hip-hop beats. He writes and records a new beat in his home studio and sends the final Logic project to Andrew, who is mostly a DJ. Andrew opens the project, changes the hi-hat pattern during the verse, and adds an organ line during the outro. Andrew bounces the track and sends it to the artist for vocals. Should Andrew be considered a co-author and take a cut of the publishing revenue?
The answer is: possibly maybe!
In Canada, the legal test for co-authorship isn't set in stone. Though to be considered a co-author, you probably have to make a "significant contribution" to the composition.
In the U.S., things are a little clearer. To be considered a co-author, you have to make a contribution to the final work, plus prove that all other co-authors intended your contribution to be merged into the work. So in the U.S., intention is key. But probably not in Canada.
That's one reason why split-sheets are so important. In some collaborative environments, it's difficult to determine who should be considered a co-author and who shouldn't. That type of uncertainty can cause you thousands in royalties. Songwriter split-sheets take out the guess-work and make sure everyone is on the same page.
How to Make the Split
There are multiple ways of splitting up song ownership. For example, you can split a song based on the actual contribution of each songwriter: "Joni wrote the lyrics, so she gets 50%. Carole wrote the verse and chorus, so she gets 40%. Dolly wrote the bridge, so she gets the remaining 10%."
But, the easiest (and nicest) way is to split things evenly between all contributors. There's a songwriter's maxim that says: "a word for a third." It means that if you're in the room when the song was written, you get an equal share of ownership. So, in the above example, Joni, Carole, and Dolly would each get 33% ownership of the song.
Generally, that's how it should be. Is it "fair"? Maybe not. But if you're serious about your songwriting career, it's important that you make and maintain good relationships with other songwriters. If you have a reputation for being disagreeable, or nickel-and-diming when it comes to song splits, no one will want to work with you. Keep things as simple as possible.
Be aware that there are certain genre norms at play here as well. For example, hip-hop producers generally want 50% ownership, with the other contributors splitting the other half. However, in the world of pop, rock, country, and jazz, producers generally only take a cut if they've contributed to the songwriting process (in the traditional sense).
At the end of the day, you can split the song up however you like! All that matters is that there is an agreement between all contributors.
Split-Sheets Make Things Easy for Music Users
For people interested in using your composition, split-sheets are like a green light. They assure third-parties that there's no drama swirling around a composition. Publishers, music supervisors, and record labels don't want to get involved in songwriter disputes. They prefer quick, smooth, and drama-free transactions, where there aren't any unanswered questions about who's owed what. That's why third-parties would rather work with songs that have a clear songwriter split in place.
What Information Should A Split-Sheet Include?
Split-sheets can be very simple. You can find them online or make one yourself (you don't need a lawyer). At the very least, each contributor should provide the following:
Name
Contact info
Role (lyricist, etc.)
PRO affiliate info (SOCAN, ASCAP, BMI, SESAC)
Publisher (if any)
Signature and date
Or better yet, use a free online service like SongSplits.
When To Sign a Split-Sheet
If you plan on using a split-sheet (which you should!), you should generally sign it as soon as possible. Don't wait. It doesn't need to be awkward. If you think about it, split-sheets actually promote trust between collaborators ﹣ not the other way around. But the longer you wait, the more awkward it gets.
At the very least, you should get your split together before your song starts generating revenue. If a disagreement about song splits comes up, labels, publishers, licensors and any other third-parties will withhold your royalties until the conflict is cleared up.
Split-Sheets vs. Songwriter Agreements
There's a difference between simple split-sheets and formal songwriter agreements. Split-sheets are really only concerned with identifying the contributors to a composition. You don't need a music lawyer to draft a split-sheet. On the other hand, songwriter agreements are a bit more complex because they address other important terms, like:
Who can license the song?
Can any of the contributors recoup expenses?
Who's liable for uncleared samples?
Who can perform or record the song?
Who can edit or revise the song?
If someone gives you a songwriter agreement that appears to do more than just confirm your contribution to a song, you should have it reviewed by a lawyer before signing.
As always, this blog isn't legal advice. If you have questions about songwriter splits, contact Caleb Ellis below.
コメント