Legal question on arrangements
Mads Tilst
Have any of you any experience with obtaining a publisher or copyright
holder's permission to record / release an arrangement of a well-known song?
I have actually completed the recording of a medley of movie songs with my a
cappella group, but we are in doubt how to go about it. The arrangement
contains background lyrics that do not appear in the original songs.
An example: Instead of going "da-daba-dida, da-daba-di" or something to sing
a particular rhythm accompaniment, the arrangement says "who can he turn
to, who can he trust". Which, lyrically, of course, refers directly to the
original song, atmosphere-wise.
This "arranging technique" - to add words instead of vocal sounds, in a
"trans-anging" arrangement makes the whole arrangement much better, I
believe. BUT - it is in a grey area, when we talk copyright law.
So - any advice or experience from you, my fellow a cappella artists? I
mean, some of you , I am sure, must have been in a similar situation. What
did you do?
If you got a permission from a publishing company, how long did it take?
Kind regards
Mads Tilst
Deke Sharon
>"trans-anging" arrangement makes the whole arrangement much better, >I
believe. BUT - it is in a grey area, when we talk copyright law.
Technically, it may be a grey area (I'm not a lawyer, I can't say for sure).
However, I'll guarantee you it's not a grey area that's going to raise any
eyebrows.
If you record a song, and are paying the songwriter (usually through Harry
Fox), and aren't changing the song to something that requires a Parental
Advisory sticker, you're not going to run into any trouble.
Bands and groups with instruments have background singers sing various lyrics
all the time ("doo-be-doo-be doo, I love you"). That's essentially what you're
doing.
The concept of a "derivative work," which would trigger their concern, is more
a matter of coming up with a whole bunch of new "lead singer" lyrics, or new
musical passages, making the work something new (this most often happens
nowadays in recordings that sample).
Then again, I'm not a lawyer, and you're always welcome to contact the
publisher, which usually takes forever and a day, and once they get the sense
that you're changing the work, even if it's something mundane, they're probably
for legal reasons going to be very careful in what they approve because they're
beholden to the songwriter and don't want to make any potential legal errors,
and before it's all done it will have taken many of your and their hours for
something that if they heard the recording wouldn't have even noticed. ("who
can he turn
to, who can he trust")
(Of course, this is all in the US - if you're in Denmark, I can't speak to your
legal system.)
D The House Jacks • http://www.housejacks.com
E American Vybe • at Disneyworld's Epcot Center Tues-Sat
K Ultimate A Cappella Arranging Service • (415) 336-3210
E Contemporary A Cappella Society • http://www.casa.org
BariBob
possibly 2 requests for permission needed in your example.
1) BEFORE the 1st pen strokes occurs on the new arrangement, you
(the arranger) need to request permission to create
a new arrangement.
2) After you have created the arrangement, you (the performer)
need to request from __________ the rights to record and to
perform it. (I am not sure from whom: the arranger or the
copyright holder.)
3) To cover your rearend, you need to have both these document
filed away safely.
I learned the hard way that the copyright holder has you by the
short hairs. They can even tell you when and where you may OR
MAY NOT perform their creation.
Bob
* Sent from RemarQ http://www.remarq.com The Internet's Discussion Network *
The fastest and easiest way to search and participate in Usenet - Free!
Vermont Vocals
>
> Hi group,
>
> Have any of you any experience with obtaining a publisher or copyright
> holder's permission to record / release an arrangement of a well-known song?
> I have actually completed the recording of a medley of movie songs with my a
> cappella group, but we are in doubt how to go about it. The arrangement
> contains background lyrics that do not appear in the original songs.
> An example: Instead of going "da-daba-dida, da-daba-di" or something to sing
> a particular rhythm accompaniment, the arrangement says "who can he turn
> to, who can he trust". Which, lyrically, of course, refers directly to the
> original song, atmosphere-wise.
> "trans-anging" arrangement makes the whole arrangement much better, I
> believe. BUT - it is in a grey area, when we talk copyright law.
> mean, some of you , I am sure, must have been in a similar situation. What
> did you do?
> If you got a permission from a publishing company, how long did it take?
>
> Kind regards
> Mads Tilst
Check out the CASA Legal Questions at http://www.casa.org/law/
You can expect a reply on the answer page very quickly (a couple of
days at most).
Joe Antonioli
vtvo...@together.net
www.randomassociation.com
Lisa M. Dawson
to see.
You can go to www.casa.org/law and post the question.
I am the Esq. of "Ask an Esq".
Just a little warning, as pratically correct as Deke's advice is.. It is not
quite legally correct. Deke has a great deal of experience in this regard so
the advice was helpful I am sure. However, so as not to run afoul of the law
and thus someone else's copyright there are a few other things you need to
consider. Without fully going into the answer.. the gray area that raises
eyebrows in a bit more complex than simply changing lyrics to something that
would rate a parental advisory sticker.
Hope to help ot fully later!
Lisa M. Dawson
CASA-NYC AMBASSADOR / CAS...@aol.com
for the latest in the New York Acappella scene:
http://members.aol.com/LiDawson/NYAS.html or www.casa.org/newyork.html
Mads Tilst
Lisa M. Dawson <lida...@aol.com> wrote:
> I would be happy to answer that question on the CASA site for the whole
world
> to see.
> You can go to www.casa.org/law and post the question.
>
I already have. Thank you Lisa
Mads