The collaborative effort

Can the composer of a song written with a lyricist sign the instrumental version alone?

This question, which is often asked of us, deserves some clarification. Traditionally, and according to the doctrine adopted by SACEM, a song is considered a collaborative work. A collaborative work is one in which several authors have participated in its creation. Apart from the collaborative work, there are, according to ,  the French Intellectual Property Code (CPI) , two other types of works:

• Composite work: for example, a remix or arrangement that requires the agreement of the authors and publishers of the original work incorporated into the new work, then referred to as a composite work.
• Collective work: one in which the contributions of each author cannot be distinguished. For example: a dictionary.

For more details, refer to the French Intellectual Property Code. Now, a collaborative work is considered indivisible. This means that the lyricist is as much the owner of the music as the composer is the owner of the lyrics. Consequently, in the event of plagiarism of the music, the lyricist will be held liable just as much as the composer, even though they had no involvement in composing the music. Similarly, if an advertiser wishes to use the instrumental version of a song in a film, and especially if new lyrics are added, the prior authorization of the lyricist will be required, just as it would be for the composer, even if the original lyrics are not used in the film. Moreover, the lyricist and the composer are co-owners of the title of the work. As a result, the composer cannot use the title and exploit the music alone without the lyricist receiving the royalties owed for the work.

But is there a way for the composer to collect all the rights from the instrumental version without sharing them with the lyricist?

Yes. If, with the agreement of the lyricist, the composer wishes to exploit the music alone, the following steps must be taken:

• Obtain the lyricist’s agreement – which can be included in the transfer of rights contract.
• Publish the instrumental version under a different title from the work created in collaboration with the lyricist.
• In cases where the instrumental is published as an alternative version of the song, the title can be that of the song with an additional distinctive word to differentiate it: for example, instrumental, instru, or alternative. This allows SACEM and its partner societies to distinguish between the two works, the song and the instrumental, since they will have different titles. It is advisable to register the instrumental version before or simultaneously with the song./li>

The song and its instrumental version will then be considered two independent works with different rights holders, the lyricist and the composer. In this way, the composer will receive all the royalties due for the instrumental version of their work.