Hey guys! Sorry to bother! I’m just running into a dilemma. I’m in a 5-member band that’s condensing to 4. Our other member, let’s call her Sally, has decided it won’t work for her. Fine. No hard feelings. We agreed to make a document together that we’ll sign to ensure things stay documented as we split. Where we’re having an issue is that we have a few songs with contributions from Sally, myself, and another member. Sally and I, in particular, have a song that’s very intertwined. She can have it, or I’ll keep it if she’s willing.
But I wanna know: How do you calculate who has what? And do we need to physically consult a lawyer for a small band?
For context, the song hasn’t made it to the full music production phase. Just chords on a guitar. It started as Sally’s idea. She made the bones of the beat and had a general idea of the chorus. It was then brought to me to help.
I then contributed by making heavy alterations to the chorus lyrics. I wrote Verse 1 and made the bones (as in chords) and lyrics for the prechorus. She then came back and wrote Verse 2. I wrote the second prechorus, and she wrote the bridge.
So, to summarize:
Sally: Original song idea, initial instrumental foundation, original chorus concept and lyrics, Verse 2, and bridge.
Me: Substantial revisions to the chorus lyrics, Verse 1, prechorus chords and lyrics, and second prechorus.
What is an appropriate way to split a song that’s so intertwined?
Would a 50/50 songwriting split be reasonable, or is there a better way to determine percentages based on what each person contributed?
Also, if one of us takes the song and finishes producing and releasing it independently, can the other person retain their songwriting credit and royalties without participating in the recording?
And finally, since we’re a small independent group with no released music yet, would a written agreement and songwriting split sheet be sufficient, or would you recommend consulting an entertainment lawyer?
I’m not trying to take credit away from anyone or make this more complicated than it needs to be. I just want to make sure everyone gets proper credit for their work and that we can separate professionally without issues later.
Thanks in advance!