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Arranging - Copyright

I have been arranging now for more than 40 years. Most of my work has been done
for phonograph reproduction and broadcasting in the UK and other countries. In
all that time, I have never had the need to gain permission from the copyright
owners to make arrangements of their works. It seems that as long as the owner
is receiving PRS and MCPS royalyies from my work, they are quite happy. I have
even been successful on occasion, in persuading various publishing houses to
contribute towards the cost of the arrangement.

Publishing is another matter. It seems that the copyright owner requires a
commission on every piece of music sold, as well as the performance royalties
that the music might generate. That is fair enough, but just try to get
permission to arrange or sub-publish their copyright. The answer is usually a
flat "NO", or an exorbitant advance on royalties, or reference to another
larger publishing house who has been given the sole rights to sub-publish their
work. Sometimes, they do not even have the courtesy to reply to your request.
If you offer your arrangement to one of those larger sub-publishers, they will
probably tell you that they already have an arrangement of that title, or offer
you a buy-out fee well below the Musicians' Union scale for arranging and part
preparation. 

It is in this area I think, that the copyright owners need to lighten up,
especially in the Brass Band World. It seems that every band has to play the
same arrangement of a particular title, simply because that is the only score
available. It discourages budding young arrangers from writing for the brass
band, for fear of suffering heavy financial penalties. It also discourages
bands from seeking out their favourite arrangers in order to attain a level of
originality. I have often been told by bands that they much prefer my
arrangement to the one they have just bought from the publisher, but they have
to use the published version. That's the rules!

It is obvious that composers need to protect their work, but this could easily
be solved by setting up a collection agency similar to the PRS, to which every
arranger or arranger/publisher should be registered. Royalties on music sales
could then be collected either from the vendor or the purchaser and the
proceeds directed towards the composer. Personally, I think that the arranger
should also receive a proportion of the performance royalty. After all it IS
the arrangement that sells the composition. 

As the situation stands, everyone looses out. The arranger is unable to find an
outlet for his talent. The band is unable to procure the arrangement it wants.
And above all, the composer is being denied the opportunity of having
first-rate arrangements and varied styles of his work made, thereby generating
more performance revenue for him/herself. The whole music industry is being
strangled through over-protectionism! 

Adrian 
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 /    \ _| (_)___   _____ ADRIAN DROVER 
|  ()  / _ | / _ \_( ___/ INNOVATIVE ORCHESTRAL SERVICES
|__/\__\___|_\___/____)   http://www.argonet.co.uk/users/adios/    
mailto business:     adios@xxxxxxxxxxxxx		     
mailto personal: bossanova@xxxxxxxxxxxxx    (Glasgow, Scotland)


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