Group Creation
Copyrights are owned by the creators of the work. The law assumes that all authors are equal owners, unless there is an agreement otherwise. What does this mean?
In broadway music, it is common for lyrics and music to be written by different people. So if there is one lyricist and one composer, each will own 50% of the copyright. But suppose there is one composer and TWO lyricists? Under the law, each will own 33%. But if the three people agree that lyrics and music should each have 50% of the value of the song, then they can all agree that the composer owns 50% and each of the two lyricists own 25%. Or if the lyrics were substantially written by one person, and a second person assisted in making some minor changes, then the parties could agree that the second lyricist might own 10% and the first lyricist own 40%. Essentially, the parties can agree to any split that want, but if they do not have an agreement (in writing and signed, so that their intent can be proven), then each will own an equal share.
If Linkin Park writes a song, all the members own an equal share - unless the members all agree to varying percentages among the members. Shakira, on the other hand, is a solo artist and does not write with a band - but if she writes with a partner, then once again she will own an equal share of the copyright along with whatever other people participated in writing the song - unless they agree in writing to different percentages.
There is no magic form that these agreements, commonly called “split sheets,” need to take. Simply write out the date, the name of the composition or work, all authors, and the percentages that each owns. Then have all the authors sign the agreement. When the work is sold,n licensed, or registered with a performing rights society or other entity, make sure that the proper percentages are assigned to each author.
Leave a Reply