Scott Amort wrote:
Hi All,
This is not strictly Finale related, but this seems like a very
knowledgeable group to get some advice from. I was recently sent a
job description for some music arranging and typesetting services. In
general, I only do engraving work, so I'm not too familiar with the
legalities surrounding arrangements. Basically, the contract is from
a composer to arrange and engrave 12 of his own works. What set of
some alarm bells for me is the following statement in his email:
The arrangement would become the property of the composer
Since your arrangement would most likely be considered a derviative
work, this is not necessarily unusual, nor is it fixed in stone.
Depending upon how badly the composer wants you to do the work, you may
be able to negotiate for a portion of the property rights, by amending
the above statement to read:
"The composer acknowledges the resulting arrangement to be the joint
property of the composer and the arranger."
One thing does make this somewhat more Finale related, in my opinion. I
don't know if there is any case law that would establish whether the
Finale file(s) you produce are or are not derivative works, but
regardless whether they are or are not, I have insisted that in every
case where another party wanted me to produce a Finale file for them,
that the other party acknowledge that the finale file resulting from my
efforts was my intellectual property, and while the composer was
entitled to a copy of my file, but was not permitted to distribute,
sell, or altered my file without my consent.
Does this mean that I am essentially signing away any claim to this
arrangement (i.e. the composer will not need to credit me, nor obtain
my permission to use, alter or perform it)? It seems to me that the
composer is looking for someone else to do his work for him and still
retain ownership
You may be able to negotiate some of these things, writing the agreement
to provide that the composer credit you with the arrangment, and
demanding that if your work is altered without your permission, that you
have the right to remove you name from being associated with it.
ns
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