It has often been said that the combination of words and music in a song is like a marriage. It is also said that successful collaborators in songwriting are as close as a married couple. Songwriters may well spend more time with their collaborators than their spouses. And like any marriage, collaboration can be harmonious and fruitful, or frustrating and painful.

While this may be true in any business partnership, it seems more so in the case of songwriting. Musical collaborators get together and stay together because they feel the same things, respond in the same ways, understand each other, encourage each other, and open up to each other in ways that plumbers and bankers and real estate agents never have to. Songwriting may be a business, but it is a highly emotional business. And of course, 99 times out of 100, the writers are writing about love (or lust). Because the emotional exposure is high, the risk of pain is high. A plumber dissatisfied with his partner's performance can walk away or throw him out without a moment's hesitation. When songwriters break up it can be very much like a divorce, with all the feelings of betrayal, disappointment, loss, wasted time and energy, confusion and doubt.

Many writers are caught unaware by the emotional intensity of a break up. A former soulmate is so cold, distant - so business-like! These writers forget that songwriting is a business. The same applies to relationships with musicians, producers, managers, attorneys and others in the business. People in the music business work together because they share emotions and understanding. But more often than not it is business, and not friendship, that truly lies at the bottom of the relationship. This is not to say that true friendship and more does not arise in many cases. It is saying that personal emotional safety is best preserved by maintaining an understanding that everyone is primarily engaged in a business.

The reply to that, of course, is that such an attitude leads to bland and lifeless songwriting. This may well be true. So, conduct yourself as you see fit, but at least enter your next collaboration with your eyes open, aware of the possible pitfalls.

In the same way that marital pre-nuptial agreements are generally unpopular, songwriting collaboration agreements, prior to the actual songwriting, are also unpopular. Many lawyers will sound dire warnings about this, predicting trouble and confusion and conflict, and will of course offer to draft a collaboration agreement. But it may be that the writers' gut feelings about this are correct. In a brand new relationship, how can you predict who will write most of the words, or most of the music, or what portions of each? Maybe all the business talk will inhibit the creative process. And maybe, by not addressing the subject, and allowing the normal rules to apply, the writers are taking the best approach to the subject.

In the absence of a specific agreement to the contrary, if two people work together to write a song it will most likely be presumed that the song is a joint work; that each person worked on both the words and music, and that they intend to equally co-own the song, control licensing and share in royalties.

Some people will very jealously guard their every contribution to a song and scientifically determine that they are entitled to, for example, 58.33% of a song (representing half of the music and 2/3 of the lyrics). Most experienced songwriters would probably say that such people are overly obsessed with bean counting and lack the proper spirit for good collaboration. Simply agreeing to share everything 50-50, even if the actual contributions vary in particular instances, promotes good personal relations, simplifies doing business, and allows the writers to focus their attention on creative matters. As an example, Paul McCartney and John Lennon famously split all Beatles songs 50-50, even though it is readily apparent to a knowledgeable listener that some songs are pure Paul and some are pure John. Their putting aside bickering over percentages may well have contributed to their great creative achievements.

While pre-writing agreements may be unpopular, agreements entered into after the fact are fairly common. Having created something of potential value, the parties wish to establish their rights to it in a binding way. Maybe they need to settle an argument over each person's contribution. Maybe, after writing many songs together, they are splitting up and feel the need to establish exactly who owns what - much like a divorce settlement. Maybe they simply want to keep good records and avoid future confusion or conflict. Whatever the reason, the following is a short and simple agreement dividing a song right down the middle. This agreement assumes that the song will not immediately be assigned to a music publisher, but that the writers will act as publishers themselves, at least for the time being, each writer controlling their own undivided half of the song.

Signatures

Here is an agreement for a situation where the song just isn't getting anywhere and the composer and lyricist want to take back their respective contributions to try again elsewhere. Basically, this dissolves the song.

Signatures

Naturally, real life rarely presents situations as clear cut as those contemplated in the contracts set out above. In more complex situations, more complex contracts will be required, and you should probably retain the services of an experienced entertainment or copyright attorney.

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