When Does a Producer Become a Songwriter?
By Written by Peter McVeigh
The line between producing a track and helping to write a song is blurry. Here's how to spot it and what to agree.
Producers make records better. Sometimes that involves suggesting a new chorus melody or writing the hook. At that point, they may be doing more than producing. They may be writing the song, and that means a different kind of right and a different stream of money.
There's rarely a clear line, which is exactly why it's better discussed early than after a song does well.
What's the difference?
: Producing: Songwriting
Relates to: The recording: The song: melody, lyrics and possibly more
Usually paid by: Fee and possibly points: Share of songwriting royalties
Paperwork: Producer agreement: Split agreement and society registrations
They're separate rights, so someone can have one, the other or both.
Things that are usually producing
Choosing a tempo or key.
Choosing sounds, or how a part is played.
Cutting a verse or moving a section.
Coaching a vocal performance.
These can transform a record, but a decision on arrangement or sound doesn't automatically make someone a writer. There's no universal rule, though. It often depends on the facts and on what people agreed.
Things that may be songwriting
Writing a new melody or lyric.
Writing a chord sequence or riff that's central to the song.
In beat-led music, creating the track that the song is built on.
Genres have their own customs. In many types of pop and hip-hop, the person who makes the beat is commonly treated as a writer on the song. In a band recording an already finished song, that may be rare.
Why it matters
Songwriter income carries on from uses that have nothing to do with that recording. If someone else covers the song or it gets used in a different version, the writers can still earn. A producer's points, on the other hand, usually depend on that specific recording. So a small songwriting share can be worth more than points over time, and it's also something an artist may be reluctant to give up.
How to handle it
Talk before the session. Say how you'll treat any writing. For example, you might agree that anything the producer writes will be discussed that day, and split by agreement.
Write it down the same day. Memories change, especially once a song is successful. A short message confirming who wrote what is far better than nothing. For more detail, use our Songwriting Split Agreement.
Register the song with the agreed split. Each writer should appear at their society with the same percentages. That means PRS for Music or IMRO in the UK and Ireland, and a performing rights organisation such as ASCAP or BMI in the USA.
Don't use it as a payment shortcut
Sometimes a writing share is offered in place of a fee. That's a commercial decision, but be clear what it is. Giving someone a percentage of the song is a long-term decision about a valuable right, and it should be a deliberate one. Equally, if a producer asks for a share as a condition of working with you when they haven't written anything, you're entitled to ask why and to get advice.
A made-up example
A producer suggests a new melody and two lines for the chorus. The artist loves it, and the chorus is the first thing listeners remember. They agree that afternoon: the artist has 70% of the song and the producer has 30%. They write it down and register it that way. The producer's fee and points still cover their production work. Everyone knows where they stand.
What to do next
Add a line about songwriting to your next producer deal. Our practice Music Producer Contract has one, which you can read with its Help button. Then keep the writing and production paperwork separate.
Disclaimer
General information for independent musicians, not legal, tax or financial advice. Deals and rules vary, so check your own contract and take professional advice before relying on this.