Who Owns the Song? Why Every Band Needs a Band Agreement

We've all been there. So many bands and creators start making music as friends. We're are having fun, building chemistry, recording some songs or an album and chase the dream. Then BOOM! The song hits!! Whoo hoo!

The moment money, streams, publishing, sync placements, and royalties starts coming in, everything changes. Nobody remembers what they all agreed to, one person claims full ownership, friendships fall apart. it's sad, but the reality is this happens all the time.

Why Every Band Needs a Split Sheet

One of the first things I believe every band or artist should be doing before recording with "ANYONE" is having a split sheet. If you are a solo artists, know what it's costing you when you record with other people. Not only in money but in royalties.

So many people lose their royalties just because they did not have this in place. If you are a band, you definitely need this place or at least a band contract stating all this.

What Is a Band Agreement?

Let's break down what a "Band Agreement" actually is. It's a written understanding between all "Artists and Creators" which protects everyone involved, outlines everyone's expectations and avoids confusion later down the line.

There is something also called "Split Sheets." A split sheet is a written agreement that lets everyone know (PRO's, SoundExchange, Court) what the songwriting splits are between the band, the producer, etc.

It lets us know about:

1. Publishing percentages

2. Master ownership

3. Who paid for what

4. Who owns the recordings

Yes! All these things matter.

The Problem with "We'll Figure It Out Later"

Nobody thinks the song will ever blow up. Nobody thinks money will become an issue (until it does lol), and everyone has done this and say "we'll figure it out later."

Unfortunately later when a lot of money is coming in, it's already too late. This usually when the problems begin.

Equal Partnerships vs Session Players

Having a "Band Agreement" is having a equal band partnership.

Let's say theres 4 members in the band, everyone contributes, everyone splits recording costs and everyone owns equal percentages on those songs they have recorded together.

This gives everyone in the band equal risk, equal investment and equal reward. Being a part of the band is being much more than "just writing music" these days. The way the music industry is moving, there's social media that needs to be taken care of, there's artwork that needs to be made, theirs music videos, booking, content creation, marketing, etc.

And you have to do this all on your own or pay social media manager, desinger, videographer, etc.

Either way, if you are planning for success everyone in the band needs to be involved and everyone should know what their expectation should be in the band.

If one person wrote everything and wants full ownership

If one person wrote everything and wants full ownership, then they may need pay you as a "sessions player" or hired player.

The person who wrote the song should assume all the financial risk since they will be the only one rewarded if the song hits. They will control the publishing and masters.

This at least gives you a decision whether you want to be a part of it or not.

You can't really expect full ownership while asking everyone else to financially invest equally without discussing expectations first.

Why Independent Artists Need This More Than Ever

This is why independent artists need this even more now then ever.

Unsigned artist often skip paperwork because they're independent or because they're friends, there's no label yet and there's no money. But it actuality, this is when you need to protect yourself the most.

Did you ask why?

Because there are no legal departments, no managers, no labels and no lawyers to get involved. Everyone can work it out as friends, before any cashflow happens.

That's why it's best to handle these conversations while everyone is still on good terms.

What Should Be Included in a Band Agreement?

Today, there's a lot to do as an independent artists and it takes a village to get things going and reach success.

Like I mentioned before. Here are some of the things I feel should be included when writing the agreement.

1. Songwriting splits

2. Publishing ownership

3. Master ownership

4. What happens if someone leaves

5. Voting rights

6. Merch income splits

7. Live performances income

8. Decision making process

9. What happens if a label deal comes in

10. Sync Licensing approval

Here Are My Final Thoughts

Having these conversations early doesn't mean you don't trust each other. It means you actually respect each other enough to protect the work you're building together.

This will reinforce clear communications, prevent contract misunderstandings. Paperwork creates longevity for everyone.

To be real, the best time to talk about ownership is before success forces the conversations.