silvertrombone Posted September 17, 2009 Share Posted September 17, 2009 ?Have you read the original posts? And by the way, Bernstein is dead, just to let you know... been that way for a while. Perhaps Bowsey and Hawkes held a seance to determine how Bernstein felt about arrangements of his music. Paging Miss Cleo... One of you legal eagles correct me if I'm wrong, but doesn't the artist have the sole right/privilege of doing whatever the heck they want to...as long as they pay a royalty? I mean, geez...write Bernstein melodies into the Verdi Requiem in one or two parts at a time, just pay royalty to Lenny's estate for the use of the material! And isn't there a stipulation that it has to be "substantial portions" of the whole? Meaning...well, just what the heck actually does that "substantial portions" mean? Enough that you can hear the melody and identify it? Enough to know you know it but can't identify it? Something where you hear theme, development, variation, restatement, etc, et al? An entire ensemble playing the work straight up for in excess of 30 seconds?? Craziness. Quote Link to comment Share on other sites More sharing options...
scottgordon Posted September 17, 2009 Share Posted September 17, 2009 I think it was Bobby McFerrin who wrote "Don't Worry, Be Happy" Corrected. Thanks! Quote Link to comment Share on other sites More sharing options...
MikeN Posted September 17, 2009 Share Posted September 17, 2009 I've dealt exclusively with Hal Leonard with my licensing so far, but it seems like it depends on the artist - one big rock band we were trying to arrange a piece from had a rule to submit arrangements first to make sure they were "in the spirit of the original." Another one didn't care as long as the check cleared... Mike Quote Link to comment Share on other sites More sharing options...
dannyboy Posted September 17, 2009 Share Posted September 17, 2009 ...Most of his music is accessable and recognizable by most American audiences. For a group who's crying for accessability and entertainment of music... A return to accessable and recognizable music in drum corps? Such a happy dream... Quote Link to comment Share on other sites More sharing options...
dannyboy Posted September 17, 2009 Share Posted September 17, 2009 (edited) You own ALL rights to your creative work (visual or music) from the moment you create it (registration of copyright is a legal process of record, to help prove when the work became your work) and only rights that are specifically transferred by you -- or your legal agent/publisher, estate, etc. -- are valid. Creator of a song could reserve all rights, extending or licensing only the right for the music to be performed on a kazoo in towns that start with the letter "C" What is so hard to understand about the concept of: "I created this, It's mine, and I will maintain complete control over it." Edited September 17, 2009 by dannyboy Quote Link to comment Share on other sites More sharing options...
84BDsop Posted September 17, 2009 Share Posted September 17, 2009 What is so hard to understand about the concept of: "I created this, It's mine, and I will maintain complete control over it." Because some people have a sense of entitlement, even if they had nothing to do with the creation of the work. Bottom line here...Lenny's estate hold the rights and calls the shots....period, stop, end of discussion. Quote Link to comment Share on other sites More sharing options...
jmdigmon Posted September 18, 2009 Share Posted September 18, 2009 (edited) The holder of copyright generally has full control of what licenses are issued based on their agreement with the artist to issue copyrights. If you want to arrange, you first get permission to arrange (your contract with the copyright holder), create what is known as a "derivative work" based on the original (subject to court derived rules of standards of originality if you face litigation for copying), and generally abide by your agreement with the copyright holder who acts in the interests of the artist/composer. Regarding originality, if you do to a piece of music what a lazy ninth grader may do for a history report - simply cut and paste off the internet - you'll lose. No royalties for arrangements under this - you pay the amount negotiated in the contract. One exception to this is a compulsory license (a mechanical license - a recording of sound onto something which you then sell) which applies essentially to cover songs. In this situation, the performer sends notice (a letter or other communication) to the publisher that he is going to record XYZ Song by ABC Artist and will then pay royalties at the statutory rate based on the recording's sales on a monthly basis (or any other basis negotiated by the parties). Under a compulsory license, the standard of originality that exists in the contractual permission to arrange is much lower - you cannot alter the "melody or fundamental character" of the original. This arrangement, however, is generally considered part of the recording made under the compulsory license. For an example of what counts as a proper, legal arrangement under a compulsory license, compare Madonna's version of Don McLean's "American Pie" to the original - Madonna's version did not alter the melody OR fundamental character of the original (key word here is "or" - one or the other must generally remain). Also, be sure you arrangers check the copyright date of the score from which you are working. Just because the piece was written in 1823 doesn't mean it's in public domain. The score you have in your hands may have been published in 1995, in which case you're gonna need to file some more papers. Regarding amount used, there is NO magical formula regarding number of measures used or a sequence of notes or anything like that. Courts look to whether or not a new piece is sufficiently original to grant derivative work status - worthy of its own copyright (the new material from the arranger is copyrightable; the arranger cannot copyright what has already been copyrighted). Derivative work status is unavailable under a compulsory license. I think this is all correct. As before, if someone else has more/correct information, I apologize. Please correct me and don't hold me to these words. If you honestly have legal questions, consult an attorney. Edited September 20, 2009 by jmdigmon Quote Link to comment Share on other sites More sharing options...
Josiahsop08 Posted September 18, 2009 Share Posted September 18, 2009 (edited) So they are they saying this is for marching bands only? Have high school and college bands hack it to bitts?? makes no sense.... having 38 trumpets(if not more) playing like crap and not playing in tune just sayin.... some spirit of the music Edited September 18, 2009 by Josiahsop08 Quote Link to comment Share on other sites More sharing options...
84BDsop Posted September 18, 2009 Share Posted September 18, 2009 So they are they saying this is for marching bands only? Have high school and college bands hack it to bitts?? makes no sense.... having 38 trumpets(if not more) playing like crap and not playing in tune just sayin.... some spirit of the music Not entirely...a school band using a canned arrangement doesn't have to worry about it....the rights were paid for my the company that arranged it (Hal Leonard or someone else), if I remember right. It's a custom arrangement that's the real issue. Quote Link to comment Share on other sites More sharing options...
Josiahsop08 Posted September 18, 2009 Share Posted September 18, 2009 Not entirely...a school band using a canned arrangement doesn't have to worry about it....the rights were paid for my the company that arranged it (Hal Leonard or someone else), if I remember right.It's a custom arrangement that's the real issue. Im saying, Would you prefer an canned arrangment being played poorly? Or a custom fun, entertaing, in tune arrangment? Quote Link to comment Share on other sites More sharing options...
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