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Is it illegal to transcribe your own sheet music from a recording of an original work?

13K views 20 replies 9 participants last post by  Pete Thomas 
#1 ·
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.]
 
#4 ·
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.
 
#5 ·
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.
 
#6 ·
Transcription of a piece of music that is not purely for private use is still copyright theft. Why not just buy the sheet music?

What if I transcribe the music off a recording and play everything by ear?
I don't quite follow how you would transcribe it and also play it by ear.
 
#8 ·
...I don't quite follow how you would transcribe it and also play it by ear.
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?
 
#9 ·
The word is transSCRIBE. To scribe is to write down...as a transcript.
 
#12 ·
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...
 
#13 ·
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?
 
#17 ·
No the copyright doesn't really cover the orchestration anyway. In most cases it applies to melody and rhythm. In a copyright claim somebody might additionally claim copying of harmony or orchestration to help support a case, but that can also be applied to a different law, ie "passing off as" which is not the same as copyright infringement and can be more serious.
 
#18 ·
Interesting. Having read the link posted above, I'll take the question as step further...

Here's the sitch - I'm considering doing an arrangement for wind ensemble of a pop tune which is actually an almost-exact harmonic/melodic transcription of one movement of a Bach solo cello suite, arranged for lute & strings and with lyrics added, with slight modfications to the melody to make it more singable. Sort of an arrangement of an arrangement, if you will. As far as my research can tell, the original Bach piece is considered public domain, so would copyright laws apply to any work subsequently derived from said piece, especially one which holds very close to the original harmonically/melodically?
 
#21 ·
Interesting. Having read the link posted above, I'll take the question as step further...

Here's the sitch - I'm considering doing an arrangement for wind ensemble of a pop tune which is actually an almost-exact harmonic/melodic transcription of one movement of a Bach solo cello suite, arranged for lute & strings and with lyrics added, with slight modfications to the melody to make it more singable. Sort of an arrangement of an arrangement, if you will. As far as my research can tell, the original Bach piece is considered public domain, so would copyright laws apply to any work subsequently derived from said piece, especially one which holds very close to the original harmonically/melodically?
As Eugeneherman says, if you don't use the part that was derived from the Bach, and you just arrange the Bach you are fine.

An interesting related point is that a defence against copyright infringement claim can be that the claimant's work is in itself not original. Say they register a Bach tune as is (instrumental, no words) and give it a new title. Then you go and make a copy of it, with their title. They might make a claim against you, but your defence would be that the work already existed in the public domain.

Of course if they do something original to the PD tune, rearrange it, add vocals etc. then they would have a claim only against those original bits so it is less of a claim.

This kind of thing applies to generic blues riffs as much as it might to a classical tune, but the problem can be a big publisher with lots of legal resources takes you (or threatens to take you) to court and the onus is on you to provide a defence so its worth thinking about this carefully before assuming something is OK. trust me, the big publishers often make claims left right and centre on the assumption the little people will just roll over and pay up rather than fight their lawyers even when you are in the right.
 
#15 ·
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.
 
#19 ·
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.
 
#20 ·
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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