“SPLIT WHO? SPLIT SHEET MYSTERY SOLVED!”

I am often fascinated by how easily many give away rights to their money before they even get it! As most of us KNOW, money isn’t easy to come by, but it can quickly disappear when business is not properly handled. In this article I’ll discuss co-writing a song as an example. It is a common circumstance that I often address with many of my clients.

Within a song composition, there exists three parts: the musical “track”, the content “lyrics”, and (track and lyrics combined) the full “sound recording.” A songwriter owns 100% of the underlying composition (e.g., the lyrics), unless he/she co-wrote the song with another individual and/or gave a portion of the ownership away through an agreement with a third party.

In addition to the rights granted under Federal Copyright laws, a songwriter earns money for each paid use of the song (e.g., every time it’s played on the radio, is used as a ring tone, etc.). However, when a song is co-written and there is no evidence of an agreement identifying each person involved in its creation, by default a court of law can recognize each party, “claiming” involvement, being entitled to an equal share of all monies earned by the song. In layman’s terms—If you have NO PROOF that you wrote 80% of a song, and 3 other people are claiming they wrote 80% of it too… then instead of 80%, expect 25% of any money coming to the table. Therefore, it is imperative that a songwriter always has some type of substantiated proof of their work. Here is where a document called a split sheet can save a lot of unwarranted headaches.

Split sheets usually possess the following information: 1) The name of the song, 2) the date it was created, 3) percentage that each person contributed, and 4) signatures of all individuals involved and in agreement. When everyone shares a vision of things to come, including ‘dreams of BIG money in the future’, people tend to erroneously think that formal agreements, like split-sheets, will somehow ruin the blissful state of creativity. However, if done correctly, “splits” (i.e., percentages) can be based on the personal relationships between the parties or an upfront negotiation by those involved.

Hopefully, I have in some way versed you on the necessity of having SOME type of completed agreement between yourself and all other contributors regarding any composition (i.e., song) worked on collectively. After reading this there is no excuse for having your assets jeopardized over a petty disagreement. If you are unclear on anything and/or need further information, please contact an attorney who is knowledgeable in matters of intellectual property. Take seriously the responsibility to protect what’s yours.

If you would like a free copy of a split sheet, please email my office to request one at dante.marshall@marshallkirkland.com.