transcription vs arrangement

[MaryAnn]

This is a copyright question; I've seen some reasonably knowledgable (moreso than I) commentary on copyright. I understand I am nt getting legal advice.

My question: if a piece, for example for brass quintet, is "morphed" into a piece for, say concert band, without changing any notes or structure of the piece, I would call it a transcription. That is, the piece as written is intact but the notes have been re-distributed among different instruments than the originals. Another example would be a brass quartet that has been morphed into a woodwind quartet.

If there have been notes changed, added, deleted, or the structure of the piece changed, I'd call that an arrangement.

My question: if a piece is copyrighted, is a transcription, with full credit to the composer/publisher, going to run into copyright issues?

Part two: if either of the above is performed only in settings where there is no admission charge, are there copyright issues?
Part three: if there is an admission charge, I'm pretty sure that an arrangement could come under fire, but am not sure whether a transcription would.

Thanks...
MA

[sloan]

This is a copyright question; I've seen some reasonably knowledgable (moreso than I) commentary on copyright. I understand I am nt getting legal advice.

My question: if a piece, for example for brass quintet, is "morphed" into a piece for, say concert band, without changing any notes or structure of the piece, I would call it a transcription. That is, the piece as written is intact but the notes have been re-distributed among different instruments than the originals. Another example would be a brass quartet that has been morphed into a woodwind quartet.

If there have been notes changed, added, deleted, or the structure of the piece changed, I'd call that an arrangement.

My question: if a piece is copyrighted, is a transcription, with full credit to the composer/publisher, going to run into copyright issues?

Part two: if either of the above is performed only in settings where there is no admission charge, are there copyright issues?
Part three: if there is an admission charge, I'm pretty sure that an arrangement could come under fire, but am not sure whether a transcription would.

Thanks...
MA

Yes.

Yes.

Yes.

[pgym]

This is a copyright question; I've seen some reasonably knowledgable (moreso than I) commentary on copyright. I understand I am nt getting legal advice.

My question: if a piece, for example for brass quintet, is "morphed" into a piece for, say concert band, without changing any notes or structure of the piece, I would call it a transcription. That is, the piece as written is intact but the notes have been re-distributed among different instruments than the originals. Another example would be a brass quartet that has been morphed into a woodwind quartet.

If there have been notes changed, added, deleted, or the structure of the piece changed, I'd call that an arrangement.

For purposes of copyright, both transcriptions and arrangements are derivative works.

A derivative work is defined as a work based upon one or more preexisting works, such as a translation, musical arrangement, dramatization, fictionalization, motion picture version, sound recording, art reproduction, abridgment, condensation, or any other form in which a work may be recast, transformed, or adapted.

Copyright law grants the holder the exclusive right to prepare derivative works and to control the production of derivative works, so both arrangements and transcriptions fall under the purview of copyright law. (Copyright Law of the United States, Ch. §106(2))

My question: if a piece is copyrighted, is a transcription, with full credit to the composer/publisher, going to run into copyright issues?

Assuming you have not obtained permission from the copyright holder to transcribe the work, yes.

Part two: if either of the above is performed only in settings where there is no admission charge, are there copyright issues?

Yes. In addition to granting the rights holder exclusive control over preparation of derivative works, copyright grants the holder the exclusive right to to control when the work is performed publicly. (Copyright Law of the United States, Ch. §106(4)) So purchasing a copyrighted work DOES NOT grant the right to perform the piece publicly.

A performance is considered "public" when the work is performed in a "place open to the public or at a place where a substantial number of persons outside of a normal circle of a family and its social acquaintances are gathered."

Part three: if there is an admission charge, I'm pretty sure that an arrangement could come under fire, but am not sure whether a transcription would.

Same answer as for Part two.

[Ken Herrick]

The band "Men at Work" in their chart "Land Down Under" had am 11 note riff which was identifiable as being from "Kookaburra Sits in the Old Gum Tree". The minor indiscretion of not getting permission to use it cost them Millions of$$$$$$$$$$ over 25 years after the song came out!!!

As Sloan said, Yes, Yes, Yes. In other words NO! NO!

Copying in any form is asking for trouble on copyright material. That means photocopies, scans and digitisation, hand engraving or anything else where you are using somebodies else's material.

[pgym]

Even if you're a college kid arranging a Top 40 song you 'really like' or Eric Whitacre's Sleep for your tuba ensemble...once you take that music on stage and perform it for the two or three students that show up for your concert, you are liable...if the composer or owner of that music wants to pursue you.

In general that's true, although §110 of the US Copyright Code carves out a limited exception for certain performances (e.g., performances in the course of services at a place of worship or other religious assembly, performances in the course of a social function which is organized and promoted by a nonprofit veterans' organization or a nonprofit fraternal organization to which the general public is not invited (college fraternities and sororities are specifically excluded from the definition of "nonprofit fraternal organization"), etc.) as well as institutions that have obtained a blanket public performance license (typically educational institutions).

You could still be slapped for producing an unauthorized derivative work, though.