Under U.S. the only ways an arranger can claim copyright in the arrangement is (a) to arrange a work already in the public domain, or (b) to have a written agreement with the copyright owner granting the arranger copyright in that arrangement. Most copyright owners are publishers, and they are not going to give away the rights to an arrangement that might compete with one of theirs, or with one they might publish in the future. This is nothing new! It only sucks if you've been happily ignorant of the law.

John


At 8:34 PM -0500 11/13/06, AJ Azure wrote:
Hmm news to me well that sucks.

-A

 From: dhbailey <[EMAIL PROTECTED]>
 Reply-To: <finale@shsu.edu>
 Date: Mon, 13 Nov 2006 20:05:32 -0500
 To: <finale@shsu.edu>
 Subject: Re: [Finale] Clients Requesting Finale Files

 Under US law, the copyright in the arrangement is with the original
 copyright holder and not with the arranger, so the publisher/composer
 can do anything they want to with your arrangement of their music with
 or without paying you.

 David H. Bailey



 AJ Azure wrote:
 Seems to me it's the same as copyrighting an arrangement. Since you can't
use it with out paying he original copyright holder and / or their publisher
 but, they can't use it with out paying you.

 _A


 From: Noel Stoutenburg <[EMAIL PROTECTED]>
 Reply-To: <finale@shsu.edu>
 Date: Mon, 13 Nov 2006 18:29:24 -0600
 To: <finale@shsu.edu>
 Subject: Re: [Finale] Clients Requesting Finale Files

 dhbailey wrote:
 This is an interesting copyright question -- since the Finale file is
 simply one more representation of the music which the client holds the
 copyright in, I'm surprised he would assign you a copyright in the
 file, since you can't do anything with it as it represents his
 copyrighted work, just as he can't do anything with the finale file he
 has granted you copyright in.
 Keep in mind that this is the basis upon which I work, and I negotiate
 these things in advance, so I'm not quite in the same position as the
 original poster.  The client agreed in advance that the Finale file was
 separately copyrightable, and that I own the copyright to the Finale file.


 ns

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 David H. Bailey
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John & Susie Howell
Virginia Tech Department of Music
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http://www.music.vt.edu/faculty/howell/howell.html
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