The question is "Do we need permission to arrange a pop song for show choir or other ensemble?"
From: BENLMNOP@aol.com
To: choraltalk@lists.colorado.edu
Subject: Re: Permission to arrange
Date: Wed, 8 Nov 2000 03:42:57 EST
Susanna,
Arrangers must have copyright approval, and often times for a pop tune, if copyright holder is in the entertainment industry, they don't allow it because there isn't much money to be made in choral sheet music compared to the recording industry. So unless you are Hal Leonard or Warner (which, being owned by Warner Bros., actually owns the copyright of many pop tunes) and have a big market share and a staff to hound down the copyright holder and talk money with them, it can really be an uphill climb and often unsuccessful (I hear that Mainely A Capella usually has success getting permissions, too).
I no longer arrange for showchoirs without a publisher involved who will take on the copyright legwork. This would be my recommendation for you, to see if you can interest a publisher first, and make sure they can get the copyright.
This is a huge area of illegal activity that goes on in the show choir scene. Arrangements are made all the time by people who know better. A director wants a particular song to fit just the right spot in their competition show. They hire an arranger, often times telling them "I want it to sound just like the record." If the arranger can't get the permission and does it anyway, they are libel, and so is the director if they photocopied any part of the illegally arranged song. I believe the entire show choir competition field would be wise and honorable if they would require proof of copyright permission for unpublished arrangements. One of these days the money-driven entertainment industry is going to realize there is a huge amount of money to be made: PROSECUTING SCHOOL DISTRICTS.
I no longer arrange for showchoirs without a publisher (or the commissioning choir director) involved who will take on the copyright legwork. This would be my recommendation for you, to see if you can interest a publisher.
It is different with mechanical licenses. No one can be denied a mechanical license by law, so there is no need to wait for a response, one basically can notify the copyright holder that a recording is being made, where do I send the check. Sometimes they ask how much and the holder can tell them what they think it should be worth, but a company like Harry Fox Agency can operate as a "clearinghouse" and be sure of doing deals for people. Not so with permission to arrange.
Good luck.
Ben Allaway
Des Moines, IA
benlmnop@aol.com
From: "Korach, Frank" <Frank.Korach@boosey.com>
To: "'choraltalk@lists.Colorado.EDU'" <choraltalk@lists.Colorado.EDU>
Subject: RE: Permission to arrange - Publisher Reply
Date: Wed, 8 Nov 2000 09:07:38 -0500
If you wish to arrange an existing work which is still enjoys copyright status you must contact the copyright owner and/or their designee. Remember, you must obtain permission before you start to arrange a work as the copyright owner has the right to refuse your request.
If you have any other questions regarding arranging or copyrights in general, check out the Music Publisher's Association web-site at WWW.MPA.ORG <http://WWW.MPA.ORG> .
Sincerely,
Frank Korach
Business Affairs Dept.
Boosey & Hawkes, Inc.
From: John Howell <John.Howell@vt.edu>
To: choraltalk@lists.Colorado.EDU
Subject: Re: Permission to arrange
Date: Wed, 08 Nov 2000 11:32:50 -0500
Correct. To answer the specific question, no, there is no central agency in the nature of ASCAP for performing rights or Harry Fox Agency for recording rights. Technically you should contact the copyright owner, which is most often but not always the publisher. I believe I remember seeing a printed form in something put out by the Music Publishers Association. You might look for their web site.
John
John & Susie Howell
Virginia Tech Department of Music
Blacksburg, Virginia, U.S.A. 24061-0240
Vox (540) 231-8411 Fax (540) 231-5034
(mailto:John.Howell@vt.edu)
http://www.music.vt.edu/faculty/howell/howell.html