![]() ![]() Then in rock and roll, guitars and drums are more important than in country. In jazz, the instruments are the focal point, with vocals often taking a back seat. In hip-hop, the vocals and beat take precedence (and instruments are often sampled). The melody can be comprised of chords, instruments, vocals, or all of the above. ![]() Most popular songs are comprised of vocals/lyrics, melody, chord structure, and instruments. Most songs in the world have multiple songwriters, so understanding the concept of co-writing is one of the most valuable things you can do for your career. The revenue generated from the use of music goes to the writers of that music. Music is being used more today than ever before. While the amount of recorded music being purchased continues to decline, the amount of music being used (in film/tv, on the internet, on radio, in video games, etc.) continues to escalate. In a way this makes sense: the amount of revenue flowing to songwriters has never been higher. Songwriting disputes create a lot of work for entertainment lawyers, myself included. As you can imagine, this creates much uncertainty in the music business…and uncertainty leads to misunderstanding…which leads to conflict…which leads to litigation. ![]() This is due in part to the fact that there is no “right” way to divvy up songwriting. ![]() The answers are not always straightforward, and I’ve found that the issue of songwriting and publishing is one of the most confusing for musicians. While most musicians know very well how to write a song (whether the songs are good or not is another story!), what is less known amongst musicians is: which elements of the finished song count as songwriting? Should the tambourine player or backup singer be included as writers? What about the drummer and bass player? If the song is co-written with a friend, what percentage should each writer receive? How do we decide what constitutes songwriting? And without a doubt, its one of the most important and complex questions in the music industry today. What constitutes songwriting? As an entertainment lawyer, it is the single question I get asked the most. ![]()
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