question regarding the copyright of a commissioned handbell piece

[linda mckechnie]

ALL- I would appreciate your advice on the following situation.

-Several months ago, I was commissioned to write an arrangement of a medley of PD spirituals for a handbell choir in honor of their former director. 

-The arrangement has been finished and I have received my fee. The arrangement is scored for 5 oct bells, piano, Alto Sax, and Double Bass. This is not a "stand alone" bell arrangement

-However, the current person that commissioned me has found a person to orchestrate the arrangement and the Symphony has agreed to pay the writer for the orchestration. 

-I own the copyright to the piece....I believe this is the pattern for a commission. This way, the commissioned person has the right to self-publish or go through a publisher

-The question is: does the orchestrator own the orchestra part and can copyright/own it??

-Some detail: I believe the handbell part would be beautiful with the additional orchestration (I have 6 published handbell/orchestra arrangements which are very popular...even played with the Boston Pops.)

-In this case, I envision that the orchestrator would work with the handbell part AND use the additional 

musical material but incorporate the orchestra instruments BUT use the material from the piano, Sax, and Bass.

-Again-does the orchestrator own the orchestra part and have permission to copyright and sell it??

Obviously, the handbell part would have to be purchased through me (Sheetmusic.com) or through a publisher....as an addition to the orchestra.

I WOULD APPRECIATE YOUR THOUGHTS.

LINDA MCKECHNIE

[THOMAS SIMPSON]

Hello! 

Of course the orchestrator would own the parts - they wrote them. They may not even use your existing parts in their orchestration. They may find them inferior and not use them at all. That’s what I would do.  

I think once you’ve written a commission for someone and given it to it to them, you need to let it go. Once they’ve done their thing, it’s yours again to do with what you want. In the future, you may want to outline terms of use in a contract. I do. Or insist they use your orchestrator. Doesn’t your brother (?) usually do your orchestrations?

Anyway, I think to make a big stink of it now would not be to your advantage. Your reputation as a Bell person might  become “tarnished”.

Thomas 

On Aug 27, 2025, at 6:46 AM, linda mckechnie <lindamc...@sbcglobal.net> wrote:



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[Mark Arnold]

Interesting question, Linda. My opinion [normal disclaimer - I'm not a lawyer, etc.]: Unless something different was specified in the original contract, you have created a piece of music and own the copyright. The orchestrator has created a derivative work from your arrangement, for which they should have requested your permission. I don't think you own the orchestra parts; the orchestrator owns them (unless they are a "work for hire" in which case the symphony may own them), but you may be entitled to compensation, based on owning the original copyright. 

Regards,

Mark

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[THOMAS SIMPSON]

Hey Mark, 

I agree!

Except. Is the orchestrator really making a derivative? That one I don’t know about - given that the spirituals she chose were PD. 

I guess one could argue it is because she chose the order of the songs and maybe wrote transition that the orchestrator would be obliged to use. 

But I’ve orchestrated other people’s pieces and have be able to claim a copyright on my own work. 

Hmmmm any copyright lawyers here? 

Thomas

On Aug 27, 2025, at 8:23 AM, Mark Arnold <marker...@gmail.com> wrote:



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[linda mckechnie]

Thomas- Thank you for your honest comments.

Yes, my brother Don Marsh orchestrated all of my 12 piano recordings. I sent him a "sketch" of the piano part and, since all the arrangements had classical music incorporated, he not only had that material to use...but also use what I had written!! I did not change a thing!! Amazing how brother and sister can think alike!! The Record company paid his fee and gave me the rights to the orchestrations.

Unfortunately, Don is dealing with health issues and is no longer able to help me with this project.

The "commissioner" and I have been working together on finding a person to orchestrate and she is a friend of the Symphony conductor. So far, we are in the beginning stages of the "orchestration idea" and are "on the same page". We are both excited to see what is next. No fear of "being tarnished"!! HA!

Mark's and your comments confirm that I must put a statement/contract together that the handbell arrangement must not be changed and the lush, jazz chords, etc should be honored. He would be paid (by the orchestra) to enhance the arrangement...with the handbell part the main focus. Regarding the Sax part, if he has a "jazz background", I would love for him to do more "ad lib" (when the melody is not needed). I might even like it better than what I have written!!

Regarding the orchestra copyright- it is fine if he owns it. In fact, when I publish  the handbell part/+ensemble I would certainly mention the orchestration. Hopefully we can work together to make sure that he keeps the integrity of the original "McKechnie piece" and the orchestration would enhance and elevate the music.

By the way...the title is "THE JOURNEY"...depicting the struggles and experiences of the African American people.

When I attended Joseph Martin's Composer Symposium this summer, I played it on the piano (all 4 parts) for the "judges" from Halleonard and Lorenz etc...and they (and the attendees) loved it. They even suggested that I add a vocal choir part....we shall see!!

Thanks for your thoughts.

Linda

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[Nick Hanson]

Agree with Mark. That arrangement is yours unless the contract stipulated otherwise!

Nick

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