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FROPPE
Akahai
USA
81 Posts |
 Posted - 11/20/2006 : 5:59:07 PM
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If I pay someone for private lessons, suggest a published song, then he works out a chord melody arrangement, who "owns" the arrangement? Am I within my rights to perform and/or publish (with the composer/copyright owner's permission) the arrangement? Is my teacher within his rights to do the same? If one of us exercises his right, is the other one entitled to compensation, or required to give approval?
I'm not expecting to get a hard and fast legal opinion. Rather, I was wondering if anyone in the 'Patch had ever run across this situation. Beyond what would be considered "legally correct", what would be ethical and fair to both parties?
Obviously, I am very inexperienced in this field. This situation may never even become an issue; I'm just interested.
I would appreciate anyone's opinion or experience with this situation.
Mahalo,
Froppe
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Mark
Ha`aha`a
USA
1628 Posts |
Posted - 11/21/2006 : 09:33:56 AM
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The short answer is ---- depends.
As we've hashed out many times, there's a basic difference between recording, performing and publishing. Here's a very basic rundown:
Anyone can record any song that's already been recorded, providing you pay what are called mechanicals. You do not need permission. One place to pay the piper is via the Harry Fox Agency's "Songfinder" http:www.harryfox.com. (There is something called a "derivitive work" that involves changing the orginal. That does require permission, but in practice no one is going to jump on you for making up a slack key arrangement of "You Decorated My Life.")
Anyone can perform anything. More or less. Technically, the venue is responsible for having a blanket license. Some do, some don't. It's been a bone of contentention for years.
Anyone can make a personal copy (or several) of a recording he or she owns, including TABing it out for personal use. Teachers can more or less get away with making transcriptions available to a limited number students. It get's dodgey as the numbers increase.
You cannot publish (which basically means "distribute" in any form like TAB, words and chords, lead sheets, etc) a song without the express permission of the copyright owner. Which is different than the performer. That means you can't sell, give away, or trade TAB, leadsheets, etc. Nor can you post 'em on-line. But note nobody's going to bust you for sharing with a friend or two -- contrary to all the scare stories, the big publishers don't give a fig about your weekly kani kapila.
Songs firmly in the public domain have no restrictions. However, it's damn hard to determine if a song is in the public domain or not. Thank the late Honorable Sonny Bono for that.
It's even harder with Hawaiian songs, since many folks lost their copyrights through faulty book keeping. Worse, many songs that are PD, like "Aloha `Oe," are claimed by publishers. And tons of Hawaiian songbooks include copywritten material with no permission, payment, etc. The general attitude (which I find refreshing) is that the music only lives when it is sung and shared.
quote:
If I pay someone for private lessons, suggest a published song, then he works out a chord melody arrangement, who "owns" the arrangement?
Essentially, you are describing what's called a "work for hire." Generally "work for hire" deals involve a contract spelling out who "owns" the arrangement. You probably didn't go that far, so it's essentially up to you and your teacher to hash it out as far as compensation, attribution, yadda yadda. But remember, without permission from the original copyright holder, neither of you have any rights to publish, distribute or record the work. Again, performance is a gray area; but you can sfaely assume you'll be fine there.
OK, so what to do? Be honest & fair. If you were to publish the song, would it be honest to say you "created" the arrangment? Ditto with recording it -- sure, you learned it. But credit ought to go to the one who figured it out, don't you think?
I notice a lot of folks who perform arrangements learned from TAB, at workshops, etc. will mention the person they learned from. It's just a nice way to keep respect flowing back to the source.
I've heard several recordings of my arrangements with no attribution over the years (in one case it was an original tune I'd foisted off as traditional -- I have a funny sense of humor.) How'd I feel? Amused, partly. Mostly sad that the player didn't have the creativity to come up with their own thing or the honesty to mention where they learned it.
That's probably more than you wanted to know. 
cheers,
Mark
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Edited by - Mark on 11/21/2006 09:37:31 AM |
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nick_borho
Aloha
USA
13 Posts |
Posted - 11/21/2006 : 10:08:35 AM
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Wow I think Mark pretty well nailed the copyright issue. Here's what I understand about it.
Original Song - author owns rights
New arrangement of original - author has rights, arranger has rights to that specific arrangement and must compensate author.
Arrangement of PD song - arranger has rights to specific arrangement
This applies mostly to recordings as that is easy to keep track of and produces the most intellectual property revenue.
As to performance, generally the author doesn't get paid royalties when someone performs a cover, especially in front of small audiences. I agree that it's in bad taste to pass off someone else's arrangement as your own, let alone their originals, but I don't think you necessarily have to credit every song to your audience.
As for tabs, the person who makes the transcription owns a right to that version similar to an arrangement. That's the argument OLGA makes about why anybody can tab anything, but in truth that should probably only apply to PD songs and authors of the original, transcribed songs should in theory be compensated. I don't think Jack Johnson will be suing the 14 year old kid who tabbed one of his songs, though. (Those tabs are often wrong anyway.)
One last thing, Copyright arises automatically upon creation and doesn't have to be registered (though you want to if you're going to perform, record, or seriously protect it).
So in answer to the first question, yes that arrangement is your teacher's property. I'm sure he wouldn't mind if you played it out at an open mic or something. If you recorded it and made a million dollars he might want a piece, though. ;-)
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Nick Borho
Kona
http://www.nickborho.com |
Edited by - nick_borho on 11/21/2006 10:10:14 AM |
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Lawrence
Ha`aha`a
USA
1597 Posts |
Posted - 11/21/2006 : 10:13:39 AM
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Very good Summary Mark, best I've seen so far...
Unless you are up against the "wall of sound" or did I mean "science" ?? 
(just slightly off topic)
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Mahope Kākou...
...El Lorenzo de Ondas Sonoras |
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Mark
Ha`aha`a
USA
1628 Posts |
Posted - 11/22/2006 : 08:42:09 AM
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quote:
ve heard several recordings of my arrangements with no attribution over the years (in one case it was an original tune I'd foisted off as traditional -- I have a funny sense of humor.) How'd I feel? Amused, partly. Mostly sad that the player didn't have the creativity to come up with their own thing or the honesty to mention where they learned it.
Here's something funny - shortly after I wrote this I was working on a deal to reissue some of my old (& new) recordings on-line. Which made me think back to my first album, "The Rights of Man" recorded in 1979.
On that LP, I recorded two arrangements created by a friend. I did credit him in the liner notes, and I remember we arrived at some kind of deal for the TAB book. Probably involved beer and a burger...
So maybe I shouldn't be on a high horse about creating your own arrangement... Sometimes the best one is the one you play best.
Sheepishly,
Mark
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