 The Clarinet BBoard
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Author: charlesgordon
Date: 2019-02-26 03:49
I have a general question about copyright law in concerns to arranging and performing music that is not in the public domain, but for which the composer is deceased and there is no discernible method of contacting their estate. What are the rules here? Does the estate still have a say over whether the music can be arranged? And if there's no way to contact them, or they do not respond to an inquiry, have they forfeited their right to approve any arrangements, or must one simply give up?
I know copyright laws are incredibly complex and I should absolutely consult with a lawyer, but I'm just hoping to get a general idea of what to do in this type of situation.
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Author: rmk54
Date: 2019-02-26 04:25
First of all, I would find out who has rights to the work. It's not always the immediate family. It could be the publisher, or in certain cases the composer has set up a separate company that controls the rights (such as Bernstein/Amberson or Schoenberg/Belmont). ASCAP and BMI have on-line databases which may point you in the right direction.
Also, some third parties represent many publishers and composers - sometimes without their explicit approval. Google "Tresona" to get an idea of what I am referring to.
But, consulting with an IP lawyer is a good idea, especially if you want to distribute the arrangement commercially.
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Author: charlesgordon
Date: 2019-02-26 05:44
Thanks! I'll definitely look into ASCAP and BMI. There's no intention of distributing the arrangement commercially or otherwise profiting from it, other than income generated specifically from donations/ticket revenue at concerts it would be performed at. I'm not sure if that changes things.
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Author: dorjepismo ★2017
Date: 2019-02-26 07:41
Whether you make money off an arrangement or performance doesn't change the (il)legality, though it might change the likelihood of getting sued.
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Author: johng ★2017
Date: 2019-02-27 01:47
Sheet Music Plus sells sheet music on line and has a program called Arrange Me where they have procured the publishing rights for over a million musical works including modern classical pieces that are not in the public domain. They make these available for arrangers in their SMP Press program. For example, I have done arrangements of several pieces of Samuel Barber that will not be public domain for a long time.
John Gibson, Founder of JB Linear Music, www.music4woodwinds.com
Post Edited (2019-02-27 01:48)
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