All of which leads us into the topic of how band members and session musicians should ensure they get a share of the cake when they contribute to the creation of new songs in the studio - which was the topic addressed at the latest MusicTank Think Tank event in London last night.
Music business lawyer and former publishing house exec James Ware gave the key note address, outlining the landmark legal cases in which musicians who contributed to classic songs in the studio managed to secure a share of the copyright (or revenue) on that song. In particular Wesley Magoogan's successful bid to gain royalties from a track he helped Hazel O'Connor create, Bobby Valentino's successful action over the Bluebell's song 'Young At Heart' and the unsuccessful attempt by members of Spandau Ballet to secure a share of the royalties off the band's main songwriter, Gary Kemp.
Ware's conclusion was that success in these kind of cases depended on two things. Firstly that the session musician or band member in question should have made a significant contribution to the actual composition of the song while in the studio. Secondly that it was implied at the time of the recording that the musicians would be rewarded with a royalty share for their involvement in creating the track. That implication was present in Magoogan and Valentino's successful litigation, but not present in the Spandau Ballet case.
Ware and the rest of the panel agreed that the rights of session musicians and band members to a share of publishing royalties would vary on a case by case basis, but that the key was clarity - ensuring that everyone knew what was expected from them, and what they could expect in return, when they entered the studio.
Horace Trubridge of the Musician's Union said that session musicians need to be clear as to whether they have been hired to 'follow the dots' in the studio, or whether they will be expected to add a creative contribution to the overall product. If it was the latter they could expect to, and should, charge premium fees for their services, although it might be impractical to demand a share of future royalties when it is so unpredictable as to what contributions they will actually make or whether those contribution will make the final cut.
David Stops of the Music Managers Forum said he felt that considering the potential copy rights of everyone in the studio is the job of the artist manager. This was particularly true in bands where certain members were the songwriters. Publishing royalty disputes frequently cause tensions within bands, he argued, and can play a part in causing a band to split. An artist manager must find a way of carving up the publishing royalties so that everyone was happy - including those who did the bulk of the composing away from the studio, and those that added to compositions by freestyling during recording.