How is DCA protecting members?

[ironlips]

Consider what you might be inclined to do if someone had been performing and recording your music hundreds of times over the course of 60+ years without legal permission.

[JimF-LowBari]

7 hours ago, Jeff Ream said:

how much were the rights?

Was the problem the cost to get the rights or rights holder said no?

[ironlips]

3 hours ago, JimF-LowBari said:

Was the problem the cost to get the rights or rights holder said no?

Good question. Clearances work like this:

The corps itself needs "permission to arrange". There is a fee for that, but it's negotiable.

Performance royalties are paid by the venue,e.g., stadium, night club, yoga studio...etc., pro rated according to capacity and other factors. These are remitted to ASCAP, BMI, or a similar organization as a lump sum for a license to have any composition by any author they represent performed there. Those performance rights organizations subsequently distribute royalties to the copyright holder, based on a probability algorithm more complicated than the DCI rule book. Radio and streaming are treated similarly.

Recording and synchronization royalties for TV telecasts, film, DVD, CD and other media are even more complex and the producers of such are on the hook for these. In this is why DCA, DCI and others are reluctant to produce and sell copies of works that are under "copyright".

All of this is predicated on the concept that the composition is the intellectual property of the copyright holder, who is usually the composer, unless he or she has transferred the rights thereof to a third party or parties.

These rights include the exclusive right to create "derivative versions", i.e., arrangements, or license others to do so for a fee...or not.

Clear? (I didn't think so, but good luck anyway.)

[JimF-LowBari]

16 minutes ago, ironlips said:

Good question. Clearances work like this:

The corps itself needs "permission to arrange". There is a fee for that, but it's negotiable.

Performance royalties are paid by the venue,e.g., stadium, night club, yoga studio...etc., pro rated according to capacity and other factors. These are remitted to ASCAP, BMI, or a similar organization as a lump sum for a license to have any composition by any author they represent performed there. Those performance rights organizations subsequently distribute royalties to the copyright holder, based on a probability algorithm more complicated than the DCI rule book. Radio and streaming are treated similarly.

Recording and synchronization royalties for TV telecasts, film, DVD, CD and other media are even more complex and the producers of such are on the hook for these. In this is why DCA, DCI and others are reluctant to produce and sell copies of works that are under "copyright".

All of this is predicated on the concept that the composition is the intellectual property of the copyright holder, who is usually the composer, unless he or she has transferred the rights thereof to a third party or parties.

These rights include the exclusive right to create "derivative versions", i.e., arrangements, or license others to do so for a fee...or not.

Clear? (I didn't think so, but good luck anyway.)

Years back you explained a lot to me. That was the week aspirin sales went up. 🤯
Just remember some composers (or rights holders) won’t allow corps to do their works. Was wondering if rights holder for Cherry Pink did the same.

[MikeD]

11 hours ago, JimF-LowBari said:

Years back you explained a lot to me. That was the week aspirin sales went up. 🤯
Just remember some composers (or rights holders) won’t allow corps to do their works. Was wondering if rights holder for Cherry Pink did the same.

Some are like that. OTOH, when I was arranging for the band I taught, we wanted to perform music by Tan Dun from “Crouching Tiger, Hidden Dragon”. He himself actually approved our request, charged us something like $75, and he sent me some score material to use in my arrangements. That was the first time I included the cello in our show, as much of the film features Yo Yo Ma, and we had a cellist in the guard.

[BigW]

On 6/8/2023 at 7:38 PM, MikeD said:

Some are like that. OTOH, when I was arranging for the band I taught, we wanted to perform music by Tan Dun from “Crouching Tiger, Hidden Dragon”. He himself actually approved our request, charged us something like $75, and he sent me some score material to use in my arrangements. That was the first time I included the cello in our show, as much of the film features Yo Yo Ma, and we had a cellist in the guard.

Heard this elsewhere regarding Tan Dun, very gracious of him.. I know I read somewhere in his will, Don Ellis gave permission to perform his works free if it was for educational purposes, I have no idea what happened to his company Objective Music, though.