I had an audition a few months where I was told that only using "copies" of "illegal sheet music" was something I shouldn't have done because the composer or publisher wouldn't make any money off of that. I don't agree with that at all, but more traditional folks do, so I have to follow that.
What if I transcribe the music off a recording and play everything by ear? Is it still considered illegitimate if I don't have the original score?
[I'm talking about original classical saxophone music, not jazz recordings, arrangements, or transcriptions.]
Even if you're not making money off of it. Copyright law doesn't care about that, it's considered a derivative work, and is to be under the control of the copyright holder, you can't just up and decide you want to use someone else's work without their permission.
Not quite true. You can transcribe a work and play it for your own personal use. But when you decide to exhibit it, specially with a monetary value applied to it, be it that you're apply for a position on a paying gig, or entering into Juilliard, though I think there are some exceptions for educational purposes, you need to ask the publisher for permission to use it and at what cost.
I'm stunned!! To me, transcribing means learning what someone else said, be it writing it down or just learning it to ear. I just imagined that writing it down meant you could also play it by ear.
It's like remembering head charts when you're up on stage. No one is writing anything down.
I guess that stuff could be copy written because it comes up on the spot and is a creative idea that is generated, but at what point are people counting?
Years ago I heard an 8 piece horn band of teenagers playing a James Brown tune. They played the record ( a 45 ) over & over, until they had 'covered' all the parts they wanted to do a 'cover' of the original...
Further to the original question (and a bit of a hijack perhaps - sorry), what if one was to do an arrangement of someone else's tune for different instrumentation, say a pop tune arranged for concert or stage band? Does that fall under copyright law, or is it different enough that it would be exempt?
The derivative example is generally used when a different 'medium' is used based on a "piece' that is registerd... THE AMERICAN SOCIETY OF COMPOSERS, AUTHORS AND PUBLISHERS is ASCAP... One registers a set of words, or a group of notes ( with a chordal/rhythmic corollary aspect ). or a written chart/composition for instruments with/without words, this one 'scribed' out. An arranger, when not the composer, can be a hired gun, or a publisher/performer/writer releasing a new rendition. The COMPOSERS, AUTHORS AND PUBLISHERS retain rights in whatever medium or instrumentation or venue a piece is performed or used again in.
If you do not use the 'registered pop lyrics'? & are doing an instrumental piece, I would say it referred only to the public domain Bach piece. Then no copyright is infringed. A chordal progression alone can not be easily registered if at all, you need a 'unique' lyric or melody for that.
No, no lyrics - instrumental only. I was just going to transfer the voice leading for the strings into wind ensemble instrumentation, compose a brief "bridge" section to flesh out an otherwise fairly short piece, and be done with it.
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