Who is considered a “writer”?

 
       
 
Feb 12, 2012, 08:48 PM

Hello,

I am reaching out to the community for advice on how to approach the issue of “writers-shares”, as I have become involved with a rapper and producer who have me play guitar with them. Now I understand that for some songs I’ve done with the producer I was a guitarist for hire - he had the song laid out before I got there and told me what he wanted and where. But lately, with the new rapper present, they look to me to start the song with a riff or chord progression and from there they write their lyrics and chorus melodies on top of my guitar. I feel like a “writer” on these songs and that I deserve due credit for my work. This feeling is quickly subsiding, realizing that unless I have a contract with them they can take ownership of the song.

I’ve no idea how they would respond to me asking for writer’s shares, either positively or negatively. I realize now I should have discussed that before becoming involved. I am also aware that they can come back to me and say a chord progression does not qualify as a memorable part of the song, but without my chord progression being the genisis of everything else that followed there would have no song to speak of.

My question is do I have a leg to stand on, asking for writers shares of these songs, and if so how best to approach the topic? If they say I was only a guitarist for-hire and they intend to pay me for my time should I take the money and leave the door open for future work, or should I refuse and get legal advice?

Your wisdom and experience are appreciated.

 
     
Matthew Campanile Joined Feb 12, 2012
  • Rank

Send PM

 
Feb 12, 2012, 09:24 PM

Thats a tough one I rap/songwrite myself and I don’t know if I would give you writer shares. Honestly I would say you were a featuring artist even though that would be incorrect.

 
     
Avatar
Tekente' Shepard Joined Dec 28, 2011
  • Rank

Send PM

 
Feb 12, 2012, 11:06 PM

It sounds like you need to establish the deal now. Are you going to be paid as a ‘work-for-hire’, surrendering all rights of ownership in exchange for that pay? If so, that needs to be in writing, specifying how much, and when.

If this is a friendly, long-term relationship you want to continue, the deal still needs to be established, and put in writing.

If I was working with you under these conditions, you playing guitar, inspiring me to compose/sing a melody, and write a lyric, I would consider you a co-writer, with an equal share of ownership.

It sounds like your contribution is significant to their inspiration. I think it would be perfectly reasonable to ask for writing credit. If they refuse, then you’re back to the work-for-hire status and the need to get that in writing. Don’t let it stop the work. Keep working with them and giving them what they want, at your price. Be reasonable with that price. But make sure it’s reasonable for you too. The work becomes a credential for you, if it is successful, and can get you more work.

In future, establish the deal up front, and get it in writing. If it isn’t in writing, it didn’t happen.

There will always be another song to be written. Someone will write it. Why not you? http://www.garyeandrews.com

 
     
Avatar
Gary E. Andrews Joined Apr 12, 2005
  • Rank
  • Rank
  • Rank
  • Rank

Send PM

 
Feb 13, 2012, 02:35 AM

Thanks for the replys.

I decided to go talk with them immediately and gently eased into the topic. In the end we agreed that the songs were a collaborative effort and we all would like to continue as a team, sharing the writer’s credits. I guess the lesson learned here is communication is key!

 
     
Matthew Campanile Joined Feb 12, 2012
  • Rank

Send PM

 
Feb 14, 2012, 09:16 AM

Well done! Keep the product moving toward the market. Get the agreement in writing. Be sure all parties’ names are on the copyright registration. http://www.copyright.gov

There will always be another song to be written. Someone will write it. Why not you? http://www.garyeandrews.com

 
     
Avatar
Gary E. Andrews Joined Apr 12, 2005
  • Rank
  • Rank
  • Rank
  • Rank

Send PM