What are the most important clauses to include in a co-writing agreement?

1 Ownership split

One of the first and most crucial clauses in a co-writing agreement is the ownership split, which determines how the copyright of the song is divided among the co-writers. This can be based on various factors, such as the contribution of each co-writer, the role of each co-writer, or the negotiation of each co-writer. The ownership split can be expressed as a percentage, a fraction, or a share. It is advisable to have a clear and written record of the ownership split, as it will affect the distribution of royalties and the control of the song.

2 Royalty allocation

Another important clause in a co-writing agreement is the royalty allocation, which specifies how the income generated by the song is shared among the co-writers. Royalties can come from different sources, such as mechanical royalties, performance royalties, synchronization royalties, or print royalties. The royalty allocation can be the same as the ownership split, or it can be different depending on the agreement of the co-writers. For example, some co-writers may agree to waive their mechanical royalties in exchange for a higher share of performance royalties. The royalty allocation should also include the details of how and when the royalties are paid, and how the expenses are deducted.

3 Credit attribution

A third essential clause in a co-writing agreement is the credit attribution, which defines how the co-writers are credited for their work on the song. Credit attribution can affect the reputation and recognition of the co-writers, as well as their eligibility for awards and honors. The credit attribution should include the names of the co-writers, the order of the names, and the designation of the roles. For example, some co-writers may be credited as "writers", while others may be credited as "producers" or "arrangers". The credit attribution should also state whether the co-writers have the right to use the song in their own portfolios or promotional materials.

4 Approval rights

A fourth key clause in a co-writing agreement is the approval rights, which outlines the extent of the co-writers' authority and consent over the use and exploitation of the song. Approval rights can cover various aspects, such as the title of the song, the lyrics of the song, the arrangement of the song, the release of the song, the licensing of the song, or the modification of the song. The approval rights can be granted to all co-writers, or to some co-writers, or to none of the co-writers, depending on the agreement. The approval rights should also specify the consequences of a breach of approval, such as termination, injunction, or damages.

5 Dispute resolution

A fifth vital clause in a co-writing agreement is the dispute resolution, which sets out the process and procedure of resolving any conflicts or disagreements that may arise among the co-writers. Dispute resolution can involve various methods, such as negotiation, mediation, arbitration, or litigation. The dispute resolution should also indicate the governing law and jurisdiction of the co-writing agreement, and the allocation of costs and fees. The dispute resolution clause can help the co-writers to avoid lengthy and costly legal battles, and to preserve their relationship and reputation.