Hi Frank. So you want to know what justifies being the composer and thereby claiming ownership of the music, (not ownership of the recorded music, which is very different).
The traditional, recognised elements of song composition are made up of chord structures, vocal melody and lyrics. David Sylvian was responsible for all of these with the group JAPAN and therefore it didn’t seem unreasonable when our manager (being particularly ‘old-school’) at the very beginning of the bands career determined DS as the sole composer. This wasn’t uncommon at the time and it went unchallenged in our band as we felt it must surely be correct due to the way that JAPAN songs were conceived. But bands evolved over time to understand there isn’t always the same emphasis on one person being responsible for developing and crafting the work to the finished sound which creates the bands success. Bands also recognised that each member needs incentive to dedicate their time and energy, as well as their particular skillset and interaction as musicians in arranging and structuring songs, and that the best way of achieving this is to divide a share of the compositional rights with them so that in the event the band are successful there is some publishing revenue for all concerned. Regrettably this was never addressed with JAPAN therefore no provision was set aside for band members. So whereas a session musician would be paid by the hour (or track), the band members worked without pay, which is all well and good if you own a part of the composition because you are building a repertoire, but without that you are simply applying your craft to someone else’s repertoire and this doesn’t bode too well over the long term as publishing is essentially like a pension if a band were to become successful. With EXIT NORTH we go to more the other extreme because no single member wishes to earn more than the other, therefore we divide the composition rights equally between all four members regardless of how the songs are conceived both in terms of the music and the lyrics. I don’t think that could have worked for JAPAN but it would have perhaps been fairer to have allocated a small writers share to the band members in order that they were at least ultimately being paid for their time and creativity for their years spent developing the band, rather than having nothing much to show for it. I doubt everyone would agree but that’s my own view.