JPF Home Page Forums General Messages Mentor Questions Forum "Backdoor" Publishing

I am a songwriter living in the Northeast -- a Nashville songwriter whose integrity I've had some reliable people vouch for has taken a liking to one of my songs, and wants to try pitching it in Nashville. He doesn't want to be a publisher or a plugger, but has instead asked that he can pitch the song as if he is a co-writer (in part because he wants to pitch at certain writer events that he couldn't do as a publisher/plugger) -- if he gets an album cut out of it, I would give him 10% of the revenues.

On the one hand, it sounds like a decent idea -- a cut and 90% of its revenues is better than 100% of nothing. And he has access just by virtue of being in the Nashville world that I don't. On the other hand, I don't love the idea of having someone represent that a song I wrote by myself was co-written, and I worry that it could end up having bad repurcussions for my ownership of the song down the line.

Has anyone ever heard of this kind of "backdoor" publishing? Any things you think I should ask for if I put the agreement in writing (which I would definitely do)?

Thanks!

DTK

Hey DTK,

To mis-represent yourself as the writer or even co-writer is not a very sensible idea. It just smacks of dishonesty, and will probably be found out at some stage. There's nothing wrong with him gaining the publishing rights, and representing your song, as he should do, in the correct manner.

cheers, niteshift

Hi DTK:

You might consider offering him/her some other incentive such as a percentage of mechanicals. I agree with niteshift, songwriters are too often ripped-off by artists who want a piece of the songwriting credit when, in fact, they are due nothing. (This assumes that they actually do nothing but record the song or... as in this case, pitch the song.)

Other options are available but I'm not awake yet and my brain is still in sleep mode.

All my best,

Dave Rice

DTK,

I have to agree. I understand the reasoning, wanting to play the song at songwriter events, but here's my question: if someone flat out asks the guy if he actually did any writing on this song, would he say "Yes?" I just couldn't be comfortable with that.

If it's a writer event that is open only to writers, then this is an attempt to defraud the writer event. Also, how would you feel if he got a publishing deal for himself, or a cowriting opportunity with a big star, based on this song?

Nothing against your friend, he may not have thought this through.

how talented is the guy compared to you? if he furthers the likeability of the song by his artistic embellishment ( which could account for the 10%), and you don't have people beating down your door, I would say a 90/10 split in your favor is not a bad idea, afterall it is your property to do with as you see fit. Songpluggers will charge you a fee, and then a graduating scale based on the songs success.If you have it demo'd and it sounds great, pitch it yourself, otherwise this guy may help you get exposure or connected somehow with God knows who. Listen to some of his music and see what you think, and if you go forward do it in writing ...90% of something is alot more than 100% of nothing last time I checked...The fact that he wants to play it at writers nights without having written it is the only part that bugs me, if he's a writer, why? Has he changed the song a little, does he do it differently than you?...Moker

Thanks so much to all of you for your thoughts. I think everyone articulated what I was thinking, and why the proposal didn't entirely make me feel comfortable. I just spoke to the guy (who I don't know well at all, but again, I know people who know him and I think he seems pretty upstanding) and explained the situation, and we agreed to keep me as the sole writer, and he would act in a plugging role in the situations where is able to represent the song as a plugger (and thus, we forego the opportunity to pitch at songwriter nights). We're going to put something in writing (I am an attorney with some entertainment law knowledge, so I hopefully can craft something acceptable, although any suggestions of main points to hit are appreciated) and go from there.

Thanks again,
DTK

You don't need to be told to make it very specific. You know any obscurity can be exploited in court to argue a different understanding than you think you agreed to.

What exactly are you giving him, as in the original proposal, 10% of? Ten percent of Publishing? 10% of Songwriter royalties, with you retaining 100% of publishing? Mechanical royalties?

Would it be wise to put a termination clause in wherein either party can end the agreement under certain conditions, and a timeline where the parties have an option to end or renew the arrangement?

Would a reversion clause of sorts be appropriate, giving you the right of retracting whatever you grant him at some point?

Gary,

Curious what you think would be a fair deal for the 10% share. I was going to give 10% of all royalties, other than performance (i.e., mechanical, print and sync). I was going to retain 100% of publishing. Does that seem fair, to either of us?

I am allowing either of us to terminate upon 30 days notice and I can termiante upon 5 days notice if he materially breaches (such as claiming to someone that he is a co-writer on the song). Agreement is one year, with a one year renewable option.

Thanks,
David

Sounds fair.If both parties are in agreement,then it is fair.

I have to agree with Moker. Most would ask for more than 10 %, like 50 %. It's quite common IMO if you get a cut with a well known artist, a few cases I know of personally. It may not be quite "cricket', but it's the way things are. ('Course this guy is just pitching it), A "name" artist is very apt to ask for 50 % or they won't cut the song. So what's going to happen to the song if you don't take the deal? Very probably, nothing.
I'd have to disagree with the maority on the subject and say it sounds like a heckuva' deal. It it was my song, I'd jump at it.
Get a reversion clause of course and get it in writing. Spell it out. If he's on the up and up, he'll have no objection.
Al JMO of course. He can get it "heard" in places you can't.
Most any pitcher will ask for either a piece of the song or a dee.
Wy