Band advice wanted - Songwriting credit issues

[Gust0o]

Well, I had a difficult conversation with my guitarist last night, where I told him - as far as I was concerned - I'd written everything. Ever.

I thought I'd get it in before the bastard did the same to me.

Also, Cobwebs and Strange... you can't unhear it. Sadly. On drugs, you say?

[SteveK]

[quote name='TheGreek' timestamp='1334065297' post='1610334']
So this is the legal position!!??...seems a bit unfair really as my favourite parts in most of Spandau Ballet's songs are the Sax parts and Tony Hadley's voice -[b]1[/b]. [b]seems neither get any of my money though.[/b]..explains why there was a punch-up outside the court..

Recently read Mick Karn's autobiography (hopefully he got paid for this at least) - he got paid very little for his contributions to the Japan/ RTC material which is the reason I bought the albums!! [b]2. His inimitable playing style surely justified a decent %age of the royalties[/b] (I know that in reality this didn't happen..)

[b]3. Do the horn section get royalties?? [/b]What about the Sax player in Papa's got a new Pigbag?? It's mostly sax and bass - or is this merely "arrangement". What about "Geno" by Dexy's??

[b]4. Does this mean that, despite writing some of the best bass riffs ever, that Jameson didn't "write" any of the Motown stuff??[/b]

[b]5. I don't see it as being as clear cut as the courts..[/b]
[/quote]
1. Tony Hadley and the sax player will (most likely) have received a [i]recording artist[/i] royalty.
2. You may think so, but the reality is unless he contributed to the melody or words, then he would (most likely) have only received a[i] recording artist[/i] royalty or fee.
3. If the horns contribute significantly to a record, and the horn(s) player wrote the part, then he/they may have a case as part writer, otherwise they will receive a [i]recording artist[/i] royalty or fee.
4. If he's not credited, then, no! He will (most likely) have received a fee.

5. Making records and deciding who is entitled to what is a complex business, to then decide how much difference a musicians contribution has actually made to record sales and then pay those musicians accordingly would be unworkable.
If a musician feels that he his contribution has significantly helped record sales and that he has been ripped off, then he can seek legal advice. If you take it to court, and win, you may receive a percentage of the publishing for future sales. If you take it to court, and you lose...It could leave you seriously out of pocket.
A sax player friend of mine was asked to play on an album, he was paid a fee. One track had him playing a solo which was pretty much half the record. This track was a single, became top 10, he sued for a percentage of the publishing, the judge agreed that his contribution was significant enough to be considered part of the writing.

[GarethFlatlands]

Every band I've been in has worked splitting everything equally between all the band members. New band = all new songs anyway for me so it's never been an issue.

Also, dividing the money we make equally* made sense as we all chip in for equipment, van hire and general band outgoings.


*That said, £0 between 4 band members is usually pretty easy maths.

[jakenewmanbass]

[quote name='SteveK' timestamp='1333379322' post='1600847']
That would be of little relevance in a dispute over songwriting royalties.
[/quote]
I meant it as a starting point not as dispute resolution.

[BigRedX]

[quote name='GarethFlatlands' timestamp='1334083989' post='1610757']
Every band I've been in has worked splitting everything equally between all the band members. New band = all new songs anyway for me so it's never been an issue.

Also, dividing the money we make equally* made sense as we all chip in for equipment, van hire and general band outgoings.

*That said, £0 between 4 band members is usually pretty easy maths.
[/quote]

If you are playing your own songs regularly live you should join the PRS now. Last year my performance royalties were roughly £100. About 1/2 of that was my quarter share for playing Terrortones songs at our own gigs.

[GarethFlatlands]

Is that the same as PPL? Because that reminds me I need to finish off my application form.

We're scaling back playing live as we don't have a full time drummer in one band and the bassist in the other is a new(ish) dad so our live gigs are few and far between.