On a recent trawl of the collective wisdom of my followers on Twitter, I received this from top engineer and producer Gavin Monaghan (@gavinmonaghan)

@probone never write a song with someone then

leave the table unclear about what you contributed

This is always good advice and it seems oddly prescient considering this article today on the BBC website and elsewhere .

Wilco singer sued by ex-bandmate

Wilco lead singer Jeff Tweedy has been with the band since its inception Jeff Tweedy, lead singer with US band Wilco, has been sued by a former member of the band over unpaid royalties. Jay Bennett, who played with the band from 1994-2001, is claiming $50,000 (£33,160) for five albums he made with the group, according to court papers. Bennett, who was a sound engineer and played instruments with the rock act, is also claiming payment for a 2002 documentary in which he appeared.

It is the nature of musicians to collaborate in their work.  When I worked for the Musicians’ Union however, the number of potential legal claims brought to us by people caught in similar situations was worrying.  The reason these are potential is that in a high proportion of these cases, neither side could effectively provide proof as to their contribution.  As one musician put it to me on hearing me dispense the standard advice of having a written agreement “We didn’t worry about that back then”.  Well you’re worrying now, aren’t you?

When we create a musical work, we don’t know what could happen with it.  If it is created with others and there is shared ownership of the intellectual property, the chances of the work having a life afterwards increase.

How do you protect yourself?  It is about being professional and organised.  A simple piece of paper that states the songs written and how royalties/income are to be split, signed, witnessed and dated is easy.  The MU has a pro forma for members.  If your role is more complex, as in the situation above, then ask for a contract.  I would like to know what the record company was doing in the case of Mr Bennett and Mr Tweedy.  Where was the management?  Is there a reason they want things obscure?  If the answer to that last question is a ‘yes’, then perhaps you should rethink your involvement in this project.

Have you ever had a dispute with a writing partner?  How did you resolve it?  What do you think about this situation?  Please comment below.