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
Blacksburg, Virginia, U.S.A 24061-0240
Vox (540) 231-8411 Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html
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