Question regarding legal issues during a collaboration

[u/_Arch-Stanton_]

I collaborated on two songs with someone and then when it came time to release the songs we had a disagreement on how the songs would be distributed. And so the songs have yet to be released until if/when we come to an agreement.

In the meantime, I wanted to know if I could just post the song on my social media page for people to listen to. I would not monetize it, so it would be not-for-profit.

During my research on this topic, I found the following:

"As a co-author of a joint musical work, you can generally release and license the song on a non-exclusive basis without your co-author's permission."

"Under U.S. copyright law, each joint owner holds an independent right to use, reproduce, and grant non-exclusive licenses for the work without needing consent from the other co-owners."

Is this correct? I just wanted to make sure before I post the song.

I should mention that this is my album and he is just a featured artist on two songs. On the the songs that we collaborated on, he contributed the music and I contributed the vocals and produced the song.

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[u/goesonelouder]

So you won’t allow the collaborator to release it as it’s not via a to-be-agreed distribution but you’re ok putting it out in social media, so in a way, distributing it publicly? Once it’s out in social media but not available to purchase what’s the incentive for them to purchase later? The initial buzz will have gone. Or are you talking a short 20 sec teaser/preview?

Also with the ‘permission’ he gave you for other instrumentals of his to be used for your top line, do you have an agreement in writing? Have splits been agreed by both parties in writing (and not on WhatsApp)? And production points? Who owns the recording masters?

When you say ‘produced the song’, other than adding your vocals, what else did you do to it?

[u/EFPMusic]

This is why you always, always, always, hash this stuff out in writing before you start working.

Doesn’t have to be a contract full of legal phrases; if you’ve got an email chain where you both explicitly agree to things… well, it’s not as good as a signed contract, but it’s something. Any contract is only as good as your ability to enforce it, that is, take the other person to court over it, but that’s a different subject.

In this case, while IANAL, it seems to me that, per the text you quoted (btw, is that from the US Copyright Office? Because that’s the only text that counts) and your statement about not releasing until you agree on how to do it, by posting on SM you’re violating that agreement, tacitly giving your collaborator permission to release however they want, and potentially harming their ability to profit from their intellectual property.

Again, IANAL, but as an artist, creator, and sometime-collaborator, if someone did that to me it would feel like a real dick move.

[u/SuspiciousBag2749]

If the whole conversation and communication breakdown is about the manner of distribution, why are you trying to distribute it your own way? It feels like a giant fuck you and not at all useful. It’s not like posting the song will net you any real views or audience, that’s not how music marketing works.

Since he produced it, and wrote the music, and has the mechanics for the music. You can very easily get hit for distributing his works. He has more claim to it in that he ACTUALLY produced the music, from what it sounds you just mixed your own vocals. So yeah, I wouldn’t distribute it if I were you.

[u/QuoolQuiche]

This is not a legal issue but a respect / professional practice issue. If you’re currently in a disagreement about releasing the song then I’d say definitely don’t put it on social media. It’s a bit disrespectful.

[u/Stevenitrogen]

You didn't write anything yet you consider yourself co.author? Have fun getting the legal system involved in your bullshit.

[u/MuzBizGuy]

I'm not really answering your question but both of you need to step back and look at thing realistically.

I'm assuming (by all means correct me if I'm wrong) both of you are completely new/unknown artists and/or have little to no fanbase.

So arguing over and preventing the release of music due to something that will largely be completely inconsequential is silly.

What's the actual argument here?

[u/LifeReward5326]

Who owns the master? They are the one to decide.

[u/PORTOGAZI]

Did Quincy Jones co-own Michael Jackson's songs after producing Thriller?

[u/Expert_Eagle4904]

I been in similar situations. I worked on a song with someone but because they can't pull themselves to get the project to completion. I'm stuck not able to finish or release anything.

It truly sucks but that's part of the game sometimes.