Making the Music Come Alive … Legally

Copyrights, Performance & Recording LicensesComposers/Authors/Printers/Proprietors/Publishers/Copyrights/and more!
(Second in a four-part series.)

By Judith Galloway, Hood River Valley Chorus, Region 24

(Note: The fees listed in this document are current as July 12, 2006, and are subject to change.)

Last issue covered a brief history of copyrights and basic definitions — from ASCAP to public domain to synchronization licenses. This issue will feature the ins and outs of purchasing and protecting sheet music.

Legal Sheet Music

Choruses and quartets should make sure that their music repertoire is legal. But what about those old songs — like the two Valentine songs we pull out year after year, or Happy Birthday, or our Christmas music? This presentation should help clarify what is and isn’t legal when it comes to the music we learn, sing, and perform.

We should not be trying to get around the rules; instead, we should be supportive of the rights and privileges of the songwriters and publishers. This is our hobby; it is their business.

Purchase Legal Music
Memorizing a Recording (without purchasing the music)

It is possible to learn a song without purchasing the music, but even though this happens, the copyright laws make this not a legal way to learn music, and it is not legal to perform or record the song.

Purchasing Music

Make sure that you have purchased enough legal copies of the music for everyone (including guest books) and that you keep written documentation (receipts, e-mails, cancelled check, etc.) as proof of purchase.

Anyone can purchase legal music from the Barbershop Harmony Society and Sweet Adelines International (both are also considered publishers), individual arrangers and from other publishers (through the internet, music stores, etc.)

The Barbershop Harmony Society does own the rights on many public domain songs arranged for men (and some which are arranged for women and/or mixed voices). Some arrangements of these songs are free of any copyright (thus any licensing fees). These songs can be found as Free ‘n Easy Music on the Barbershop Harmony Society Web site: www.barbershop.org.

Please be aware that there really is no such thing as free music from Sweet Adelines International. The only music (arrangement) Sweet Adelines International has at no charge is one called “Members Count” Music copyrighted by and sold through Sweet Adelines International to its members is now $1.20 per copy (in 2006). New or additional copies of Harmonize the World and How We Sang Today are no longer free and copies should no longer be made off earlier originals (which were once freely distributed in the The Pitch Pipe.)

Documenting Legal Music

Choruses and quartets should maintain “Legal Music” records for keeping legal information about each song (along with an original piece of the music). They need to keep records on when the music/arrangement was purchased, how many copies were paid for, names of members who have a “working copy” (see below) in their possession, how many copies are available for guests (still has to fit within the per copy count that the group paid for), and eventually who returns the “working copies” of the music, etc. If the music was originally, legally purchased and documented, then the purchaser can legally reuse the music even years later.

Documenting Individual Copies Purchased or Received at Workshops

When individuals purchase their own single copy of an arrangement, they should write on the music when they bought the music and where they bought it.
Sheet music given to you at a school or workshop should look legal and should be announced that it is your copy. You obviously don’t have an invoice for the music. Make sure that on your copy, you write “Received (date), where, what for and your name.” The piece of music is a legal copy for you, and only you, and you will want/need to remember where it came from. It is not legal to make copies of this music for your friends, quartet or chorus. If the music doesn’t look legal, don’t consider that it’s yours.

Purchasing Arrangements From An Arranger

Arrangers work with the copyright owners to get permission to write arrangements. The fees we pay to an arranger include the copyright fees (flat fee and a per copy fee), which will be passed on to the copyright holder (often a publisher) of the song, based on the agreement that the arranger has with the copyright holder. In most cases, the arrangement belongs to the copyright holder, not the arranger.

Protecting the Original Music

Most of us write on our music as we learn a song. It is legal to make one “working/learning” copy for each singer (and guest books), based on the number of copies the chorus or quartet originally paid for. You can’t make more copies than the number you paid for.

Make working copies on colored paper, and clearly mark it with a label or stamp that says ”Property of XYZ Chorus, Working Copy for XYZ member and the date distributed.”

Store the clean, original copies safely away. When the chorus or quartet is finished with this song, all working copies should be returned and destroyed.

Making Changes to the Music

Arrangers cannot give permission for you to “tweak” an arrangement, ultimately that right belongs solely to the copyright holder. Any changes should be approved thus by the copyright holder, but this could be a slow or impossible process since copyright holders don’t have to respond to such requests.

Carol Schwartz, director of music services, did say that ”common sense should be used for minor adjustments which might be needed, and that we should be prudent in our changes, respectful of the music.”

Joe Liles wrote almost the same thing, “It’s my understanding that small changes like re-voicing a chord or two, and changing an intro or tag is not a critical issue. The copyright owners don’t like for the words and basic melody to be changed, however.”

If/when we do make changes without asking for or receiving pre-approval, we need to be “respectful of the music and the songwriter” that we don’t purposely try to destroy the original song with atypical changes and that we’re willing to apologize and ask for forgiveness, if we get asked. Blatant disregard for a copyright holders ownership of the music is not legal.
Writing parodies for a song, fall into this same discussion — be respectful of the rights of the copyright holder. If a parody is going to be widely performed or used on a contest stage, by all means get permission from the copyright holder to write and use the parody.

Posting Sheet Music on Web sites for Members

Choruses and quartets can post music on their Web site for their members to access for a “working/learning” copy. However, the chorus must do everything possible to protect the music.

The music must be posted in a Members Only section of the Web site with password protection. Records must be kept to insure that the number of downloads is less than or equal to the number of original copies that were paid for by the chorus or quartet.

Any Exceptions to Being Legal?

There are no exceptions! Arrangements of familiar songs, International songs, Christmas songs, etc. all falls under the copyright laws! Basically, you don’t own it, if you didn’t pay for it.

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