Emerging trend: Original music

[wolfgang]

I posted this on a BOA thread, but am reposting here as this is a legitimate separate topic, and I think one that will soon impact this activity a lot more that we understand right now.

(this reply was about the growing use of original music by bands and corps)

You see, there is this thing called copyright law.

In the marching band world it was pretty much ignored until the 1990's (someone correct me if this is wrong), but in 1990 Marian Catholic played Johan DeMeij's "Lord of the Rings". Apparrently someone played a recording of it for him and to make a long story short that was the beginning of BOA requiring bands to get permission from the copyright holders.

Now, BOA is doing everyone a huge service by having a list on it's website of publishers/composers who will not let arrangements be done (off the top of my head- John William, Orff's "Carmina Burana", "Turandot" by Puccini, etc). It seems that this list is growing.

So...., if you will notice, lately enterprising guys like Key Poulan, Frank Sullivan, Richard Saucedo, Mark Higginbotham, etc. have started writing original music and selling it to high school bands (I'd say Poulan has had the largest national base of groups use his stuff). That way, there is not copyright issue to work around (and let's not forget it costs $$ to get permission, though the amount varies by composer or publisher).

We have also seen this in DCI, primarily from the Cavaliers.

I agree, an arrangement of an existing work is usually more interesting for me to listen to (though I will admit I have really liked a lot of the music Frank Sullivan has been putting out, especially for groups like Castle, Penn, Ben Davis, and even Tarpon Springs).

Even WGI has had groups get permission to use the pre recorded music on their dvd's (example, the IW finalist Light Brigade did a guard show of Prince music- however, the dvd is only video, no music due to issues such as this).

Bottom line- For better or worse, the train has left the station with regards to original music and it's not coming back.

[wolfgang]

btw, here is a list directly from the BOA website about which works are off limits (for bands or corps) due to copyright issues, and which works may be used but it will cost the performer $$ for the rights to distribute video recordings. It is my opinion this list is going to grow much longer in the coming years, and at some point in the near future the majority of marching band and drum corps shows will be original material (or older public domain works. Get ready for a glut of 19th Century Classical music shows in about 5 years).

IS PERMISSION SOMETIMES DENIED? YES!

Some composers or publishers do not allow band arrangements of the material they own. This is sometimes due to contractual arrangements or the prerogative of the composer. The list below is an accumulation of material to date that has been denied in the past or that the publisher has indicated will be denied in the future. Always check with publishers before selecting your program.

"The Easter Symphony" by David Holsinger (publisher instructed to deny; Holsinger sometimes approves)

Music and film scores by John Williams

Music by Joaquin Rodrigo (Concerto de Aranjuez)

Music by Charles Ives

Giacomo Puccini's "Turandot"

"God Bless America"

"Riverdance"

Music by Vincent Persichetti

The use of Literary Charaters (i.e. "Where the Wild Things Are")

Music and stories of Dr. Seuss

Music from "Prince of Egypt"

"Symphony #3" by James Barnes

Works by David Maslanka (Mr. Maslanka will only consider personally creating a new commissioned work or arrangements for your band.)

Any music of the Beatles

Any music from the musical "THE LION KING".

"Ritual Fire Dance" by Manuel de Falla

Any song and arranger combination for which Hal Leonard has already granted permission in the past.

Any music controlled by Gelfand, Rennert & Feldman.

Music from any Disney Film less than six (6) months after the film's release.

The following pieces & composers will not necessarily be denied. However, our experience is that they may take longer than average for permission to be granted.

Disney published music. Permission should be requested not less than 90 days prior to first use. Some recent or new scores may not be approved at all.

Works by Sergei Prokofiev (sometimes 8+ mos. to approve)

Works by Dmitri Shostakovich (sometimes denied or mos. to approve)

Works by Aram Khachaturian (sometimes 8+ mos. to approve)

Works by Dmitri Kavalevsky (sometimes 8+ mos. to approve)

Operas intended for a complete show (mos. to approve)

Any music controlled by PolyGram UK (takes months for approval)

SPECIAL REQUIREMENTS FOR CERTAIN WORKS.

(New Requirements for Fall 2005)

Because Bands of America intends to continue its practice of recording and distributing video products of performances of participating bands at BOA fall events, bands that choose to perform the following works, or works by the following composer, or administered by the following publishers must take additional steps and provide additional permissions in favor of Bands of America and its designees regarding recording, reproduction and distribution of the performance. Find more detailed information and further requirements read Bands of America's Fall Participant Copyright Documentation

Composers (all works):

Robert Lamm

Johan de Meij

Stephen Melillo

James Pankow

Prince

Jan Van Der Roost

Composers (certain works):

Bjork (Joga and the The Anchor Song)

John Lennon (just songs for The Beatles)

Paul McCartney (just songs for The Beatles)

Philip Sparke (all works, except for Concert Prelude, Fantasy For Euphonium, Land Of The Long White Cloud, A Tameside Overture)

Publishers (collections, in there entirety):

Arc Music Group, including Goodman Music, Conrad Music, Sunflower Music, Jewel Music, Regent Music, Arc Music subcatalogs

Amstel Music

Anglo Music

De Haske

Stormworks

Studio Music Company

Publishers (certain works):

Paramount Pictures (specifically music including the Mission:Impossible theme, and music from Forrest Gump and The Godfather). If you choose to perform songs from other Paramount Pictures movies, please contact us as soon as possible, so that we may determine, if they are recordable.

Other Restricted Compositions:

Music from any James Bond movie, regardless of publisher

Music from any Paramount Pictures movie as stated above, regardless of publisher

Any Beatles song written by John Lennon and/or Paul McCartney (see above)

Music written by Prince

The song Hotel California (by the Eagles)

The song Break on Through (and other songs by Jim Morrison)

Music from the Disney movie Pirates of the Caribbean

This list may change as we gain more information concerning the wishes of certain composers and determine our ability to license recordings at pricing we deem appropriate. Find more detailed information and further requirements read Bands of America's Fall Participant Copyright Documentation

NEW LAW INVOLVING RUSSIAN COMPOSITIONS

In January, 1996, the United States Congress enacted legislation requiring that all music publishers of music by Russian Composers now recognize Russian Copyright Law. Between 1917 and 1996, the United States had not recognized these rights in Russia. This means that music by contemporary Russian Composers, published by American publishers under "public domain" in past years, must now enter into new agreements with the Russian Composers Society. Many "rights" held by U.S. publishers for Russian music (such as Shostakovich and others) are now under new agreements or in negotiation. BOA advises that you contact the American publishers directly to determine the status of their previous holdings. BOA will attempt to update developments in this area as it becomes available.

[wolfgang]

Public domain info:

WHAT IS PUBLIC DOMAIN?

All music written before 1978 became public domain 75 years after its publication date. Since 1978, music written after that year becomes public domain 50 years after the death of the composer. Works in the public domain do not require permission, however certain band arrangements of public domain works (i.e. choral works) may require permission from the music publisher. Consult BOA or publisher for further information.

The following chart, prepared by Lolly Gasaway, with notes courtesy of Professor Tom Field, Franklin Pierce Law Center, gives you some indication and a quick reference as to when works pass into the public domain.

Date of Work Protected From Term

Created 1-1-78 or after When work is fixed in tangible medium of expression Life + 70 years {1} (or if work of corporate authorship, the shorter of 95 years from publication, or 120 years from creation {2}

Published before 1923 In public domain None

Published from 1923 - 63 When published with notice {3} 28 years + could be renewed for 47 years, now extended by 20 years for a total renewal of 67 years, thus the total would be 95 years from the date of publication. (If not so renewed at the end of the 28 years, now in public domain.)

Published from 1964 - 77 When published with notice 28 years for first term; now automatic extension of 67 years for second term

Created before 1-1-78 but not published 1-1-78, the effective date of the 1976 Act which eliminated common law copyright Life + 70 years or 12-31-2002, whichever is greater

Created before 1-1-78 but published between then and 12-31-2002 1-1-78, the effective date of the 1976 Act which eliminated common law coypright Life + 70 years or 12-31-2047, whichever is greater

1. Term of joint works is measured by life of the longest-lived author.

2. Works for hire, anonymous and pseudonymous works also have this term. 17 U.S.C § 302©.

3. Under the 1909 Act. works published without notice went into the public domain upon publication. Works published without notice between 1-1-78 and 3-1-89, effective date of the Berne Convention Implementation Act. retained copyright only if, e.g., registration was made within five years . 17 U.S.C. § 405.

[Kamarag]

Bottom line- For better or worse, the train has left the station with regards to original music and it's not coming back.

The train left the station in 1985, the conductor was Robert W. Smith, and the crew was Suncoast Sound.

Suncoast did several "original" shows featuring Robert's work, as did Magic of Orlando in later years. Cavaliers didn't start thier forray into original productions until long after that. For the record, DCI has been requiring copyright clearances for many years, as has BOA and other organizations..it's nothing new.

Edited December 2, 2005 by Kamarag

[wolfgang]

The train left the station in 1985, the conductor was Robert W. Smith, and the crew was Suncoast Sound.

Suncoast did several "original" shows featuring Robert's work, as did Magic of Orlando in later years. Cavaliers didn't start thier forray into original productions until long after that. For the record, DCI has been requiring copyright clearances for many years, as has BOA and other organizations..it's nothing new.

You're right. I totally forgot about Robert W Smith. I remember 1985 (and 1989) "Florida Suite" and 1988 "Symphonic Dances for the Contemporary Child", which were sandwiched around the 1986 "Adventures in Time" and the forgettable 1987 "My Fair Lady".

[geluf]

Bottom line- For better or worse, the train has left the station with regards to original music and it's not coming back.

New music being written can never be considered bad.

[madscout96]

New music being written can never be considered bad.

Unless it's bad :P

[jonnyboy]

Because of all of the BOA hype on this site I checked out the BOA site. It has some great resources regarding copyright law and issues, it is really worth a read.

I am just wondering if this is pandora's copyright box, and yes the train has left the station on original works and this copyright thing. I wonder how many people know that photo copying most purchased charts for school band is not allowed without permission? Or that just adding drumline parts to a composition is considered arranging? When I was in high school I regularly re-wrote the cheesy drum parts that came with the charts we bought. In later years we had shows written by local band arrangers and I am sure no copyright issues were covered.

I have to say I'm not a big fan of this copyright hassle, but I understand and agree with it on an intellectual level. It just boggles my mind to think I have to get permission (from the copyright holder) to video tape a band's concert or feild show, even if I just intend on giving it away to the kids as a season souvie. Oh yea, I will pay for the privledge as well.

As far as original music goes, I can see why many groups have taken this route. I am sure most original stuff is created for creations sake, but the added benifit of not dealing with a publishing company or lawyers (on the front end anyway....I'm sure the composers want their product protected) is bonus.

Hmmmm.....I wonder if I can get a check from my old school for all of those cadences.......

:mmm: :mmm: :mmm: