by Attorney Richard Stim

Songwriters are often ill-equipped to handle the many business and legal issues that arise in their work. Here are ten tips to make your songwriting a success.

You may have written an outstanding song with a fabulous melody, great lyrics, and memorable hooks. Yet your work doesn't stop there. Songwriting raises many legal issues such as: who gets the credit for a song, how are royalties split, can you claim tax deductions for home studios, and should you register a copyright. Here are ten tips to help manage the legal and business side of your songwriting.

1. Figure Out Songwriting Credits, Now!

If you're writing songs with others, as soon as you finish the song, agree with your collaborators as to how to split potential revenues. If you wait until after you have a deal or record the song, you could end up sorting out credits and payments with band members who have long since left the group. Many bands also include non-writing members in the income. You don't need a formal contract on who gets the credits; an informal written agreement will suffice.

2. How to Decide Who Gets Songwriting Credits

A songwriting copyright is awarded to those who jointly contributed to the song's structure, chord progressions, and lyrics. This can be anyone, even the members of the rhythm section (in many songs -- especially in rock, pop, and dance music -- a bass or drum part is so integral to the song that it becomes as important as the melody). The best way to decide:

• the members of the band determine who wrote the songs, or
• throw out traditional rules and share equally (or by some other formula) in all band-written tunes.

3. Publicize Songwriters' Names

Once you've established who wrote a song, publicize the names and how to contact you or your music publisher. When preparing music for downloads -- for example MP3s, AACs, or WMAs -- make use of the text tags that allow you to encode the names of the songwriters and any related copyright information.

4. Consider Cowriting With a Dead Songwriter

Having trouble writing a catchy tune? You might consider trying the approach of Vera Matson, who took a civil war song, "Aura Lee," and added her own lyrics. The result was "Love Me Tender," a monster hit for Elvis Presley and many other artists. Older music (published before 1923) like "Aura Lee" isn't protected by copyright, and therefore is said to be in the "public domain." It's free for anyone to copy.

Others may use these tunes as well but cannot copy the unique elements that you add. For more information about locating tunes in the public domain, consult Steve Fishman's book The Public Domain: How to Find Copyright-Free Writings, Music, Art & More (Nolo).

5. Register With BMI and ASCAP

BMI (Broadcast Music, Inc.) and ASCAP (American Society of Composers, Authors, and Publishers) -- known as performance rights organizations -- monitor radio and television stations, nightclubs, websites, and other entities that play music. They collect royalties from these places and pay the royalties directly to the music publishers and songwriters (so you get payments from them, not your publisher or manager).

Be sure to register with BMI or ASCAP and keep your information current. For more information, check their websites at www.bmi.com and www.ascap.com.

6. Don't Be Afraid to Give Up the Copyright for a Deal

"Don't give up your copyright," is the cry often heard from musicians and songwriters. Yes, it's true that the music business is rife with tales of woe about songwriters like Richard Berry, who gave up his copyright for "Louie, Louie" for $750. (Berry eventually won a $2 million court judgment over the song.)

The reality is that just about every songwriter who signs with a major music publisher gives up the copyright to the song. In return, the publisher pays the songwriter a hefty portion of the royalties over the life of the copyright. Often, the songwriter, not the music publisher, earns the bigger share of the songwriting royalties and benefits from the music publisher's hustle.

The bottom line: If you're dealing with a reputable music publisher, don't be afraid to sign off on copyright -- especially if an attorney examines the deal for you.