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Laws Regarding Drum Corps Charts


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Hello DCP,

So I've seen quite a few people on YouTube transcribe a recording of a drum corps show into sheet music using software like Finale or Sibelius and upload a video of the music so others can enjoy/read it. If you don't get what I mean, search YouTube for "e=mc score" and the first result should be a good example.

I like to do the same sometimes but have not posted anything as I'm sure that some writers would not like their work reproduced in that way. I would also assume it is in violation of copyright laws to share it.

But...

I was wondering if anyone knew what the laws would be regarding this since it is not an official production of the corps. Is posting it legal? Is posting a video of someone playing it legal? Is transcribing for personal use okay?

Also, what are the possible effects it has on the composer or arranger when someone does this?

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I'm not an attorney, or a composer/arranger, and don't play one on TV, so take this for what it's worth ( = nothing :tounge2: ), but I think your instincts are most likely correct. Someone will be along to slap me silly if I'm mistaken about that.

As far as I know, you can't legally share this material this way on YouTube or with friends and family, or perform this transcribed score (which would include using Finale to perform it as in the video), without paying a licensing fee.

I don't think it matters that it's not an exact, accurate copy. If it's close enough that someone familiar with the original material can recognize it, and just about all of us can when it comes to the 2013 Crown brass charts, then it's a copyright violation. In a school setting, this would certainly be considered plagiarism even if it's not a copyright violation because of the changes. There's an exemption to copyright for parody, but this is not a parody.

I believe both the original composer of the opera, Philip Glass, and Crown's arranger or the corps itself, whoever held the chart copyright, could pursue action against the poster of the video. Not sure about the estate of Richard Strauss on Zarathrustra--without checking, I'm guessing that copyright has run out.

I'm surprised no one has asked e=mc score or YouTube to take any of these down. They don't have to ask before suing him or her, but obviously there'd be some work involved to figure out who did it.

It's also technically a violation, I believe, to transcribe it for your own private use, but as long as you never share it, in practical terms, no one--not even John Williams--is gonna find out about it and therefore care. Lots of people do this kind of thing for practice. Just keep it to yourself, and you're fine.

Since I'm not a composer/arranger, I'll leave speculation about what that does to those who are.

Edited by Peel Paint
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YouTube, Facebook, and other social media outlets do not allow you to share material that is copyrighted unless you have permission to do so, but it's kind of hit or miss as to how it is enforced. I shared in a recent thread that I had my original "Ice Bucket Challenge" removed from Facebook because I did not have permission for the music. The music was from a car radio not on the property where I was recorded and was pretty faint. The ironic thing is I had two videos on Facebook that contain music and images that I have since removed, but I'm sure would be a copyright violation. Facebook never noticed. My guess is they randomly check videos and removed those that violate copyright laws, intentionally, or in the case of my "Ice Bucket Challenge" video, unintentionally.

Regarding copying charts from drum corps, my guess would be it violates the original composers rights as well as the publishers, but in the case of a drum corps the arranger and perhaps the corps itself. I knew of someone who used to arrange for the Boston Pops who would get commissions for his arrangements from other groups that performed his arrangements, and my guess would be the composer and original publisher as well as the BSO would also have had a cut.

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I've actually done front ensemble transcriptions over on snarescience. I always ask the writers and the group's management first. I've never received an answer other than an ecstatic "yes!". Numerous times I've had the writer actually ask to see the finished product and once even had a writer correct a part of it before I posted it. Granted, the WGI world is probably more open to this because it's almost all original music and copyright is out of the question, but I doubt that most DCI people even care. I'd wager most actually think it's cool.

Edited by gloriousgoo
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DCI is aggressive about taking down drum corps videos from online streaming services when their copyright is violated (i.e. when someone commits the mortal sin of promoting the activity outside the existing fan base), but I don't think these particular cases involve DCI. That's probably why they don't get taken down.

The corps itself would have to go looking for this stuff and then contact YouTube, etc, to remove it. They may not care and if they do they may not know about it. "The corps" usually means one overworked director.

Or, the original source rights holders could do it but there seems to be a legal battle between them and streamers over copyright, so maybe that's why they don't do it.

Just speculating on most of this.

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This has been explored - at least for percussion - on snarescience. With a couple of notable exceptions, corps drum arrangers seem to be ok with it as long as there's not a commercial version available for sale. Mike McIntosh even posted his entire score to Mad World a few years back, then took it down once it became part of the Green Beats drum book for sale.

As for horn / melodic arrangements, that seems like it would be a whole other can of worms...

Mike

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A thread at Snare Science that they keep updated with documented approval/disapproval HERE ---> http://www.snarescience.com/forums/viewtopic.php?f=4&t=5588

I am not copying the content of the post over here because the OP gets changed as arrangers' desires and documents change.

Edited by mingusmonk
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The three laws of drum corps charts are the following:

  1. Higher
  2. Faster
  3. Louder
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The three laws of drum corps charts are the following:

  1. Higher
  2. Faster
  3. Louder

Or in the (feigned) Latin (and apropos to the Summer Music Games):

1. Altius

2. Citius

3. Blastius

Edited by HornTeacher
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