Copyrights

1998-03-14 05:00 am

If you import/write to NoteWorthy that is someone elses's
composition, how do you get permission to transcibe it to
electronic format?
And how ammenable are people to do this?

Re: Copyrights

Reply #1 – 1998-03-18 05:00 am

This is an important point. A few things as I see them.

1) Their is provision in most nation's copyright laws for fair usage for research or review, or for personal use. This is applicable for some NWC users.

2) Works by a composer dead 50 years (in Australia, 75 in the USA) are in the public domain. Transcribing a piece from printed music may still breach copyright, as you are "copying" the publisher's impression. If you are rearranging it, things get much greyer. Though technically it is still a copyright breach, it would be very hard for a case to be made in court, I would imagine. (I AM NOT A LAWYER).

3) Works by living composers, or those dead within 50/75 years need the permission of the copyright owner (either the composer or the publisher). Many web-based composers are happy for you to use their works, and may freely give permission. Most music companies will screw you for every penny they can get. Nothing personal, it's just their policy.

Case example: I did a beaut transcription of Colonel Bogey's March for a computer war game I've been conscripted into (small joke there...). I contacted Boosey and Hawkes. The result? Alsford (composer) died in 42 (or thereabouts), was 50 years gone (yay Australia), but not 75 years gone (boo US). So? I could only distribute in Australia and needed a licence for US and European distribution. I quote: "however we do require more information regarding the arrangement itself, a copy of the score would be required, and also synopsis of the game. Any use of this kind would require a payment of synchronisation fees together with mechanical fees based on the quantity of the games produced. Fee would also be based on the actual duration of the music used."
Final result: ditched it.

So much for creativity.

Andrew

Re: Copyrights

Reply #2 – 1998-03-18 05:00 am

Thanx Andrew for the reply.
The reason i asked is that I once did a score from a rock
band called "Asia." Before I took it any further, I contacted
Warner Bros. Music Inc. All they gave me was a lecture on
breech of copyright and that in no circumstances could I
put the score down in any format.
I tried the musician's union here in the UK and they
basically said the same thing.
I never bothered taking things any further, as I did not
know who else to contact.
Thanx again, though.