SHOULD MY GUITAR PAL GET WRITING ROYALTIES?

[Dec [Cluskey]]

SHOULD MY GUITAR PAL GET WRITING ROYALTIES?

When is he deemed to be composing? Is he really writing music with me? Or is he just accompanying me? He's putting a backing to a demo.

Check out '4 Minutes on the Net with Dec' No. 31 now at https://deccluskey.wordpress.com/ ...Love to hear your views. Dec

[John Williamson]

On 19/05/2015 17:14, Dec [Cluskey] wrote:
> SHOULD MY GUITAR PAL GET WRITING ROYALTIES?
>
In the UK, if he's just reading the dots and playing more or less what
he reads, he's accompanying you and gets agreed performance payments
only. If he writes the dots, whether he's using your ideas as
inspiration or not, he's a composer and splits the royalties 50/50 with
the composer of the words. If he reads your dots, plays them, and makes
significant alterations when they are used in the finished product, then
he can possibly get to split the composers' royalties for the backing
(50/50 split with the words) with you 50/50.

If you're not sure, then get a decent lawyer, qualified in the right
field, to draw up a contract.


--
Tciao for Now!

John.

[Mike Rivers[_2_]]

On 5/19/2015 12:14 PM, Dec [Cluskey] wrote:

> When is he deemed to be composing? Is he really writing music with
> me? Or is he just accompanying me? He's putting a backing to a
> demo.

If he's your pal, pay him what you think he's worth and make him promise
not to sue you if your demo goes viral and you collect hundreds of
thousands from YouTube. And if he's your pal, you'll give him a share
when there's something to share.

If he contributes to writing the song (makes changes to your melody or
arrangement, for example) then he's due some composer credit, usually
half of the royalties for the publishing. If he'd just worked out an
accompanying part to your song that he can play, that's not composing.



--
For a good time, visit http://mikeriversaudio.wordpress.com

[geoff]

On 20/05/2015 4:14 a.m., Dec [Cluskey] wrote:
> SHOULD MY GUITAR PAL GET WRITING ROYALTIES?
>
> When is he deemed to be composing? Is he really writing music with me? Or is he just accompanying me? He's putting a backing to a demo.
>
> Check out '4 Minutes on the Net with Dec' No. 31 now at https://deccluskey.wordpress.com/ ...Love to hear your views. Dec


Did he make any significant contributions to the arrangement, a hook or
solo maybe ? Or did he simply strum or pick the chords you specified ?

geoff

[Scott Dorsey]

geoff > wrote:
>On 20/05/2015 4:14 a.m., Dec [Cluskey] wrote:
>> SHOULD MY GUITAR PAL GET WRITING ROYALTIES?
>>
>> When is he deemed to be composing? Is he really writing music with me? Or is he just accompanying me? He's putting a backing to a demo.
>>
>> Check out '4 Minutes on the Net with Dec' No. 31 now at https://deccluskey.wordpress.com/ ...Love to hear your views. Dec
>
>Did he make any significant contributions to the arrangement, a hook or
>solo maybe ? Or did he simply strum or pick the chords you specified ?

Does he have a law degree? Or a brother-in-law with a law degree?
--scott

--
"C'est un Nagra. C'est suisse, et tres, tres precis."

[JackA]

On Tuesday, May 19, 2015 at 12:14:59 PM UTC-4, Dec [Cluskey] wrote:
> SHOULD MY GUITAR PAL GET WRITING ROYALTIES?
>
> When is he deemed to be composing? Is he really writing music with me? Or is he just accompanying me? He's putting a backing to a demo.
>
> Check out '4 Minutes on the Net with Dec' No. 31 now at https://deccluskey.wordpress.com/ ...Love to hear your views. Dec

See if Oren can suggest. He's "into" music. Seems like a nice person, even told me collectors are sometimes the best when it comes to music in a court of law...

http://www.bakerlaw.com/orenjwarshavsky

Best luck,
Jack

... or contact Jim Liddane, ISA, Ireland, sweet person, may be able to set you straight..

http://www.songwriter.co.uk/page8.html

[hank alrich]

Scott Dorsey > wrote:

> geoff > wrote:
> >On 20/05/2015 4:14 a.m., Dec [Cluskey] wrote:
> >> SHOULD MY GUITAR PAL GET WRITING ROYALTIES?
> >>
> >> When is he deemed to be composing? Is he really writing music with me?
> >>Or is he just accompanying me? He's putting a backing to a demo.
> >>
> >> Check out '4 Minutes on the Net with Dec' No. 31 now at
> >>https://deccluskey.wordpress.com/ ...Love to hear your views. Dec
> >>
> >
> >Did he make any significant contributions to the arrangement, a hook or
> >solo maybe ? Or did he simply strum or pick the chords you specified ?
>
> Does he have a law degree? Or a brother-in-law with a law degree?
> --scott

This is so simple, at the human level, and at the professional level.
Get it straight up front. If there is no agreement, hire someone else.
If one must have so and so, put the contract on the table. If so and so
signs it, that's that, and if they don't look for another player.

--
shut up and play your guitar * HankAlrich.Com
HankandShaidriMusic.Com
YouTube.Com/WalkinayMusic

[Luxey]

There is intellectual part, about
autorship and mechanical part, abiut
performance and actual recording.

Intellectual part is done when the song
is registered, all authors are mentioned.
Only the mellody and lyrics count. So,
you know who did what.

Mechanical part is done when you register
the recording. Money goes to the name as
registered. If it is a band, the band
has internal agreement, if there were
some hired guns, service providers, they
were payed for their services before
hand, as per contract where they waved
royalties, or they did it without upfront
payment, but for promissed split in
royalties.

So, if your friend worked on the melody
and/ or lyrics, he deserves royalties
split from intellectual part.
If he just played backing, even if he
figured it all of it by him self, he can
get only from mechanical part, unless he
was payed for services in full, up
front.

[Dec [Cluskey]]

On Tuesday, May 19, 2015 at 5:41:48 PM UTC+1, John Williamson wrote:
> On 19/05/2015 17:14, Dec [Cluskey] wrote:
> > SHOULD MY GUITAR PAL GET WRITING ROYALTIES?
> >
> In the UK, if he's just reading the dots and playing more or less what

> John.

Yep ... they are my thoughts in the video ... but getting a lawyer for every time is a little extreme? [grin!

The guitar player plays what is written, indicated and gets paid ... end of? Dec

[Dec [Cluskey]]

On Tuesday, May 19, 2015 at 6:19:07 PM UTC+1, Mike Rivers wrote:

>
> If he's your pal, pay him what you think he's worth and make him promise
> not to sue you if your demo goes viral and you collect hundreds of


Mike ... again exactly my thoughts ... Dec

[Dec [Cluskey]]

On Tuesday, May 19, 2015 at 11:41:39 PM UTC+1, geoff wrote:

> Did he make any significant contributions to the arrangement, a hook or
> solo maybe ? Or did he simply strum or pick the chords you specified ?
>
> geoff

Geoff

This was a question to me before the event .. as I set out in the Vid. It is a frequent situation ... of course the only problem arises when the demo produces a hit making lots of dosh. But all the comments here confirm my advice to Niki .. the writing girl in question. Dec

[Dec [Cluskey]]

On Wednesday, May 20, 2015 at 12:53:11 AM UTC+1, Scott Dorsey wrote:

> Does he have a law degree? Or a brother-in-law with a law degree?
> --scott

Scott

'She' .... and I wouldn't think so ... plus we all know that lawyers see the size of your wallet before you even pose a question? [grin!]

[Dec [Cluskey]]

On Wednesday, May 20, 2015 at 5:26:41 AM UTC+1, hank alrich wrote:

> This is so simple, at the human level, and at the professional level.
> Get it straight up front. If there is no agreement, hire someone else.
> If one must have so and so, put the contract on the table. If so and so
> signs it, that's that, and if they don't look for another player.
>


Hank

That is always my advice: "get all the paperwork in place before you switch the studio lights on" ... but do you seriously know anyone who does that? The other best advice is 'pay for everything' and keep the receipt safe. Whatever you pay for you own .. and that includes a guitar player's playing time. But how many do? Dec

[Dec [Cluskey]]

On Wednesday, May 20, 2015 at 7:21:26 AM UTC+1, Luxey wrote:
> There is intellectual part, about
> autorship and mechanical part, abiut
> performance and actual recording.
>
> Intellectual part is done when the song
> is registered, all authors are mentioned.
> Only the mellody and lyrics count. So,
> you know who did what.
>
> Mechanical part is done when you register
> the recording. Money goes to the name as
> registered. If it is a band, the band
> has internal agreement, if there were
> some hired guns, service providers, they
> were payed for their services before
> hand, as per contract where they waved
> royalties, or they did it without upfront
> payment, but for promissed split in
> royalties.
>
> So, if your friend worked on the melody
> and/ or lyrics, he deserves royalties
> split from intellectual part.
> If he just played backing, even if he
> figured it all of it by him self, he can
> get only from mechanical part, unless he
> was payed for services in full, up
> front.

Luxey ...

The proposed guitar player could still 'claim' writing royalties if the demo ever made money [which a demo technically will not]. Especially if he is required to 'compose' [make up chords etc.]

Your excellent preci on the money to be paid is something completely overlooked by the majority of guys in the music game.

Dec

[Luxey]

среда, 20. мај 2015. 15.49.39 UTC+2, Dec [Cluskey] је написао/ла:

>... The proposed guitar player could still 'claim' writing royalties if the demo
>ever made money [which a demo technically will not]. Especially if he is
> required to 'compose' [make up chords etc.]

As far as I want to know ...

Figuring up chords, chord progressions, arrangement ... are not "composing"..
Composition is melody, only. You can not copyright chord progression. That was
one of main composing wehicles in be-bop era. Taking preexisting chord
progresssion and blowing new melody over it and twisting the original song name
to provide a hint, while paying nothing to anybody.
The name of the game is "contrafact".

That guitar player can have royalties from exploatation of that specific
recording * , only, and only if that was the deal. Usually it is not. Usually
musicianship service providers get payed by some fixed ammount, thus, by
contract, waving all the rights on recording they made and possible income it
could generate.
He is not to recieve any royalties from any other recording of the same tune,
cover, notation, fake book, ..., ... mean of exploatation.

Maybe I'm wrong in some detail, but in regard to money I think I'm all right.

[John Williamson]

On 20/05/2015 14:33, Dec [Cluskey] wrote:
> On Tuesday, May 19, 2015 at 5:41:48 PM UTC+1, John Williamson wrote:
>> On 19/05/2015 17:14, Dec [Cluskey] wrote:
>>> SHOULD MY GUITAR PAL GET WRITING ROYALTIES?
>>>
>> In the UK, if he's just reading the dots and playing more or less what
>
>> John.
>
> Yep ... they are my thoughts in the video ... but getting a lawyer for every time is a little extreme? [grin!
>
Get one the first time at a good price, while you're still poor, and
fill in the blanks every time after that. ;-)

> The guitar player plays what is written, indicated and gets paid ... end of? Dec
>
Subject to agreement, yes. There is the tiny problem of performance
royalties, which can be a one off payment or a percentage of sales.
Apparently many of the surviving stars of the 1960s and '70s are now
losing the steady income stream from sales of their back catalogues as
the performance royalty period runs out. There might be a sample
contract on the PRS or MCPS websites somewhere, and almost certainly on
the Musicians Union website.

--
Tciao for Now!

John.

[geoff]

On 21/05/2015 1:35 a.m., Dec [Cluskey] wrote:
> On Tuesday, May 19, 2015 at 6:19:07 PM UTC+1, Mike Rivers wrote:
>
>>
>> If he's your pal, pay him what you think he's worth and make him promise
>> not to sue you if your demo goes viral and you collect hundreds of
>
>
> Mike ... again exactly my thoughts ... Dec
>


"SHOULD MY GUITAR PAL GET WRITING ROYALTIES?"


Is that "pal", or "ex-pal" ?

geoff

[Ralph Barone[_2_]]

Scott Dorsey > wrote:
> geoff > wrote:
>> On 20/05/2015 4:14 a.m., Dec [Cluskey] wrote:
>>> SHOULD MY GUITAR PAL GET WRITING ROYALTIES?
>>>
>>> When is he deemed to be composing? Is he really writing music with me?
>>> Or is he just accompanying me? He's putting a backing to a demo.
>>>
>>> Check out '4 Minutes on the Net with Dec' No. 31 now at
>>> https://deccluskey.wordpress.com/ ...Love to hear your views. Dec
>>
>> Did he make any significant contributions to the arrangement, a hook or
>> solo maybe ? Or did he simply strum or pick the chords you specified ?
>
> Does he have a law degree? Or a brother-in-law with a law degree?
> --scott


Or a brother in law who owns a cement company and a shoe store.