Arranging & Legal Issues

[jfuchs]

I am a pediatrician by trade, a member of a saxophone quartet, and we have wanted to find more popular literature. Also, I have an interest in klezmer. I have no formal training in music, but I an handy with a computer, and have a pretty good ear; so, I have taught myself to arrange using Finale notation software. So far, I've arranged 18 pieces, and most have been well received by my fellow musicians and audiences (we play in public, often for a nominal fee), but have also performed at weddings for a somewhat more than nominal fee. Several of the pieces are traditional melodies, arranged "from scratch". But most were done by importing free midi files available on the web, which were them extensively modified, transposed, etc. into a final arrangement. These have included pieces composed by Van Morrison, the Beatles, Ray Charles, Enya, Procol Harem and more. I would like to continue to do this, and even exchange my arrangements with other sax quartets. Here are my questions:

1. I assume I've gotten myself into copyright issues. What is my legal and moral obligation? I assume the midi files, being offered without charge on the web, are not at issue.....but what about the intellectual property regarding the tune?

2. If I offer to exchange arrangements on this forum, does that up the legal ante?

Thanks for your help,
Jim

[BarrySachs]

Don't worry about it Jim. It's all "under the radar". Besides, publishers have bigger fish to fry than going after amateurs and dilettantes with a non-profit generating hobby. Keep doing what you're doing if you're having fun.

[Enviroguy]

Hi Jim:

I have posted several of my own arrangements of popular and gospel songs for download here on SOTW. I am a self-proclaimed life-long amateur because I never plan to accept payment for a performance.

So I figure none of my stuff is going to affect the profits of the original music writers. I don't see a moral issue here either. If my music does anything it probably sparks folk's interests to go hear professional sax players. So I believe I'm no threat to anyone's livelihood and I am too small a fish to have to worry about the legal harpoon. ;)

[gary]

Whether or not some music collection agency (ASCAP, GEMA, etc.) will not come knocking because you're a small fry is likely true, but it doesn't answer the legality question. Generally speaking, when groups play publicly, the venues in which the music is played, pay a set fee to the collection agency. Some places like schools, military facilities, and others have a blanket exemption from these fees. So if anyone is going to get burned, it would likely be the venue.

Judging from such questions previously answered on this forum, none of us answering are lawyers, although knowledge of these laws and policies have been important to us, so some are more informed than others.

Bottom line - I don't think you have a problem, but if you are concerned enough, consult a copyright lawyer. . . or invite one to play with your group and get the advice for free. :D

[CooolJazzz]

I agree that it sounds like you'll always be pretty much "under the radar" so I wouldn't worry too much about it.

Not that sharing arrangements here would necessarily put you above the radar, but if you're concerned about that, you might consider only doing so via direct e-mail between interested parties instead of publishing your arrangements on a website where anyone and everyone can find them. Be aware that every post you make here on the open forum ends up on the Google search engine so any links you provide here can be easily located by everyone in the world...including people who are paid by the major publishing houses to scan the internet for copyright violations. The people who do that usually focus more on sites like YouTube and the peer-to-peer networks like Kaaza, but there's always somebody out there being paid to look for copyright violations.

Regarding the "free midi files" available on the internet...you'll find multiple instances of the same exact midi files located in dozens of different locations...usually stolen from one website and added to another...so it's sometimes hard to find out who originally created them or whether any of the midi arrangements have applicable copyrights of their own. My experience is that whenever you are able to trace a midi back to its original creator, there is usually some sort of copyright notice attached...sometimes allowing free distribution as long as the midi isn't modified in any way...and sometimes requiring the creator's permission before using it for your own purposes. Those copyright notices almost never show up when the midi file has been stolen from somewhere else...which is the case with probably 90% of the decent midis you'll find on the internet.

The funny thing about copyright notices on midi files is that most midi files are in violation of copyright laws to begin with. The people who create midi arrangements and subsequently "claim" a copyright to the arrangement rarely have permission from the legal owners of the songs to produce such an arrangement or to distribute them...so whatever copyrights they might claim for the midis they create are usually bogus anyway. Not always maybe...but usually.