Copyright laws

Discussion in 'The Rehearsal Room' started by kandsi, Oct 12, 2007.

  1. kandsi

    kandsi New Member

    We are recording a CD next month & want to include the theme to the film 'Gladiator' as arranged by our conductor.

    Now the problem is copyright. We don't want to go ahead & then find a law suit on the doorstep, so are trying to do things properly.

    Unfortunately, we're having trouble getting any reply from the film company, Hans Zimmer etc.etc. so I wondered if anyone has any suggestions as to our next move.

    It would be a great shame to leave off this piece as it is always popular with our audiences.

    Anyway all suggestions gratefully received.
  2. KMJ Recordings

    KMJ Recordings Supporting Member

    Short answer is leave it off.

    Permission should've been granted for the arrangement before it was done not afterwards.

    I'd also add that performing an illegal arrangement in public can open up the arranger to both civil and occasionally criminal prosecution - several high profile arrangers have been savaged by this previously.

    Edit: I should add that including an illegal arrangement on a CD can on occasion cause a complete refusal of licence or even withdrawal of the product from sale.
    Last edited: Oct 12, 2007
  3. KMJ Recordings

    KMJ Recordings Supporting Member

    Oh and there's something else - permission to arrange doesn't automatically include permission to record.
  4. brasscrest

    brasscrest Active Member

    Have to agree with both of the above statements. Better not to chance legal action if you can't get clearance.

    Another point is that the film company probably doesn't own the copyright itself. Most of the time, the music copyrights for films are held by a music publishing company (which is sometimes a subsidiary of the film company and sometimes not) and licensed for use in the film. This is true even of most music written specifically for films, depending on the contracts with the composer, who often gets paid via a publishing arrangement. This has the effect of splitting the royalties between the various interested parties.
  5. brassneck

    brassneck Active Member

  6. Thirteen Ball

    Thirteen Ball Active Member

    Absolutely the golden rule. Ask first. It's cheaper!
  7. Owen S

    Owen S Member

    If it helps, I have the CD for the music from Gladiator in front of me, and the publisher for each track is listed as SKG Songs. I'm not sure how you'd contact them.
  8. Will the Sec

    Will the Sec Active Member

    Why not just buy the existing published arrangement?
  9. Owen S

    Owen S Member

    Possibly because it's by Frank Bernaerts, and isn't very good?

    Just a thought. :D
  10. Will the Sec

    Will the Sec Active Member

    Must have been asleep when I played it with.... actually I can't remember who it was with.... it seemed OK and I don't remember He Who Must not Be Named's name being at the top....
  11. dyl

    dyl Active Member

  12. tpcornet12

    tpcornet12 Member

    Maybe I'm odd but having played both arrangements I prefer the Frank Bernaerts version! :-? Especially if you have a Euph player as good as ours for the ending ;)
  13. Owen S

    Owen S Member

    It's not my band we're talking about here, but I might just point that out to Gareth. We're playing Sandy's arrangement of Independence Day at the moment, and it's a great arrangement but the rep part requires a spare pair of lips.
  14. Complications

    I find that copyright is too complicated , so i just avoid anything that has been done before

    never fails...