Who created the music?
Is it challenging to determine how the rights to a song should be divided? Are you uncertain whether your producer should have shares in the song? Here, you will find information on what to consider before registering the song and the options available for dividing the shares.
Fundamentally, shares in works should be divided among those who have contributed to their creation. There are several factors that are important to manage before you begin the creative process, songwriting, and recording in the studio.
What do you need to be aware of?
Who created the work or song?
In other words, who are the authors (composers and/or lyricists)? Does it include everyone involved in the creation process? Remember that performing artists (musicians and singers) are not entitled to rights at Koda unless they have also contributed as creative artists (lyricist and composer).
What shares should each creator have?
Koda's is 50 percent for composition and 50 percent for lyrics, but you can agree on a different division.
Is the producer a co-author or just providing 'technical assistance'?
If the producer has contributed to the creation of the lyrics or music, they are considered a co-author and should be registered on the work. Tasks of a technical nature, however, do not confer copyright to the work or the recording. Learn more about the producer's role
There is no single correct way to divide the shares. Ultimately, it is up to you and the other creators to decide the best way to divide the shares within the given framework. Koda cannot determine how the division should be. However, we recommend keeping this in mind early in the process.
What are the rules for the division of shares?
There are different rules as to how you can divide the shares of a work.
A standard division
The standard division option means that the composers will share half of the proceeds (50 percent) equally, and that the lyricists will share the other half equally. If the work features no lyrics, the composers will share the full 100 percent equally.
See the standard division rules for Koda and NCB
An agreed division
If all composers and lyricists of a work agree that the rights should not be distributed equally, an alternative division can be arranged. However, even with an agreed division, there are certain minimum and maximum limits that must be adhered to.
For the distribution of Koda shares, the following applies:
- The composers together must have a minimum of 25 percent and a maximum of 75 percent.
- The lyricists together must have a minimum of 25 percent and a maximum of 75 percent.
- No composer or lyricist shall receive a share of less than 1 percent.
Distribution of mechanical royalties
A mechanical royalty is the share that each rights holder is entitled to when the work is recorded and/or copied. For the distribution of mechanical royalties, there are no upper or lower limits for the allocation between music and lyrics.
For arrangements and translations, the maximum share you can receive for a song is 16.67 percent if it is a Danish work. If there is both an arrangement and a translation, the arranger and translator will split the 16.67 percent share.
If it concerns an arrangement or translation of a foreign work, the share depends on the rules that apply to the foreign creators' Performing Rights Organization.
What most people ask us about
Disagreement on the division of a work?
80 percent of the disputes that arise in Koda are due to original authors being persuaded to divide shares equally with, for example, band members or others who do not have an actual role as composer, author, arranger or translator.
Learn more about disputes and Koda's role (in Danish)