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Question about Arranging//Transcribing

5K views 11 replies 6 participants last post by  BarrySachs 
#1 ·
Here's the story.

My saxophone ensemble is playing Ronde Des Princesses from the Firebird Suite.
I have a piano reduction of the rest of The Firebird Suite.

Can I legally study the piano music and rearrange the parts for my saxophone ensemble to perform it for something like a fundraising dinner?
Would this be arranging, transcribing, or plagiarism?

(I have experience with notation software and with arranging stuff to avoid voicing problems...Just want to know how "okay" this is.)
 
#5 ·
It would only be plagiarism if you pretended to be the composer, which is unlikely. It's orchestration, and possibly arranging.

I have often arranged copyright material for live performance and recording. I have spoken to the MCPS about doing this kind of thing in the UK, and the gist of the response is "technically, you need permission of the copyright owner", however it's usually impossible to get a reply and in practice people just do it. As long as you don't offer the arrangement for sale. Make sure you all the necessary performance details are logged at the venue. Often the venue owner or promoter will do this, any venue licensed for music should have the forms.
 
#7 ·
Am I mistaken...or isn't the Firebird Suite "public domain" at this point?
The copyright in the 1919 recording is probably lapsed, but the important issue for this purpose is not the copyright in the recording, but the copyright in the composition, two different things.

In the UK I believe it's still in copyright (= 70 years after death of composer), in the US it may be public domain but it's a bit complicated. If the original copyright was renewed.

However, I never assume anything is public domain without checking first. In the UK it's easy enough to find out from MCPS, in the US you should be able to get the information (ASCAP?)
 
#8 ·
Pete...The dates I mentioned refer to the composition dates...(I think?). I'm pretty sure the current laws in the US don't cover anything copyrighted before 1923. Changes in the copyright laws allowed for copyrights after that date to be extended for much longer than anything copyrighted prior to 1923. In that regard...it's usually safe to assume (in the US) that if it was written/published/recorded prior 1923...it's now in the public domain.

Edit: I don't mind being proven wrong if someone knows otherwise...but I've tried to research that particular issue (the 1923 cut-off) quite a bit.
 
#9 ·
#12 ·
It is common practice, regardless of law, for a performer to play any thing they want to. An arrangement, orchestration or transcription can be made for recording or performing purposes without fear of legal reprisals.

What you cannot do, is sell an arrangement without permission from the copyright holder unless the piece is PD.

So go ahead and write the chart for your group. No Problem.
 
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