The Stars And Stripes Forever

[jobriant]

The Pacific Brass Band of Salinas, California, USA, has in its library the well known march, "The Stars And Stripes Forever," by John Philip Sousa. It's the "Official National March" of the USA, and we play it frequently.

Our set of parts was published by Boosey and Hawkes. There's no copyright date on any of the parts, and there's no separate conductor's score -- just the Solo Bb Cornet part. There's also no arranger's name on the parts. Does anyone here know when B&H published this piece? And does anyone know who it was who arranged Sousa's original Wind Band march for Brass Band? I've contacted Boosey and Hawkes, and they tell me that their records don't have the answer to either question.

I'm in the process of preparing a new Brass Band arrangement of "The Stars and Stripes Forever," and if there was an original arranger I want to be sure to credit him/her on the score and parts of the new arrangement.

In case anyone might be interested, my arrangement will incorporate American several performance traditions from the John Philip Sousa Band and the U.S. Marine Band, as documented by for members of the Sousa Band and by former members and conductors of the Marine Band. It will also include the fanfares in the first statement of the TRIO theme. These appear in a later American edition published during Sousa's lifetime, played by two Bb Trumpets. In my arrangements, they're assigned to two of the Solo Cornets. In my arrangement, the Eb Soprano Cornet also plays the entire piccolo obbligato in the second and third statements of the TRIO.

The Pacific Brass Band has read through and rehearsed this new arrangement, and we will be performing it for the first time in February and March of 2017. If your band is interested in obtaining a copy of the full score and set of parts, please contact me at [jobriant@garlic.com].

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

 

[PeterBale]

I realise you've done your version now but Bill Himes had a new arrangement published in the Salvation Army journals a few years ago. (American Festival Series No 41, 2007)

 

[jobriant]

I realise you've done your version now but Bill Himes had a new arrangement published in the Salvation Army journals a few years ago. (American Festival Series No 41, 2007)

Since we're not a Salvation Army band, see their publications unless we're doing something with one of the Salvation Army bands in our area. But if Bill Himes wrote the arrangement, it's no doubt a very good one.

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

 

[Anno Draconis]

There are also arrangements by Peter Graham and Keith Wilkinson that I'm aware of; probably others. I imagine the arranger of the old B&H would have been one of their staff arrangers, who tended to be uncredited minions tasked with keeping the 'journals' ticking over. In the late 19th and early 20th century British bands could subscribe to journals like the R. Smith and Co. "Champion" brass band journal, which entitled subscribers to new arrangements sent automatically on a periodical basis - obviously this required a steady stream of new pieces to keep the subscribers interested, though, as there were a number of competing journals. If you're creating a new BB arrangement from Sousa's original I can't see why you'd need to credit the old B&H arranger anyway, unless you're basing yours on the B&H version?

 

[jobriant]

... If you're creating a new BB arrangement from Sousa's original I can't see why you'd need to credit the old B&H arranger anyway, unless you're basing yours on the B&H version?

If we knew the arranger we'd probably put that into the program notes document that we create for each title in our Library.

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

 

[DocFox]

Just FYI, all of Sousa's marches are now in the public domain. There are hundreds of arrangements. The US Army Brass Band plays a very interesting arrangement (can be found on iTunes). I do believe if your "inspiration" comes from Sousa's original, then you are safe.

 

[jobriant]

Just FYI, all of Sousa's marches are now in the public domain. ....

In the USA, only those Sousa marches copyrighted in 1922 and earlier are in the Public Domain. Music copyrighted after 1922 is still under copyright on our side of the pond, unless somebody forgot to renew its copyright somewhere along the line.....

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

 

[Ianroberts]

Looks like you have done your homework

 

[jobriant]

Looks like you have done your homework

Thanks! Yes, I've done a lot of research into copyright, as I do a lot of Brass Band and Wind band arranging. There are several Salvation Army Brass Band pieces that deserve to be played by wind bands, but I'm waiting for copyright to expire before I can start these arrangements.

======

I meant to include another piece of information in my previous reply:

The United States Marine Band has undertaken a project to record all of Sousa's marches. More than 50 of them are available for free mp3 download here:

The Complete Marches of John Philip Sousa

You may download each piece individually by clicking on its title, or you may download them one volume at a time.

In addition, you can download the score and parts to each march -- also at no charge. On the above page, click on any title, and in addition to a button to download the track, there will be a button to download the score and parts.

Enjoy!

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

 

[DocFox]

Yes sir, about 20 years ago, the Sonny Bono act as it was called changed many of the copyright laws. Sonny Bono was a famous actor who was on the long lasting "Sonny and Cher" program. Many years after the show, he ran for Congress from the State of California. Disney's early stuff was about to slip into the public domain. He started and helped passed a law that made the US Copyright Laws much more "draconian." It did help Disney.

 

[jobriant]

Yes sir, about 20 years ago, the Sonny Bono act as it was called changed many of the copyright laws. ... Disney's early stuff was about to slip into the public domain. He started and helped passed a law that made the US Copyright Laws much more "draconian." It did help Disney.

The Sonny Bono Copyright Act of 1995 not only extended the copyright on many early Disney Characters (including Mickey himself) -- which copyrights were about to expire, but also a large portion of George Gershwin's music as well. Disney and the Gershwin Estate were two of the prime movers in getting that law passed.

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

 

[DocFox]

Thanks Jim for details, I was going from pure memory, and mine is fading.

 

[Andrew Norman]

Surely Sousa's copyright expired at the end of 2002 ? He died in 1932 and copyright exists for 70 years after the year of his death.
Only music published after his death could still be in copyright.

 

[DocFox]

Surely Sousa's copyright expired at the end of 2002 ? He died in 1932 and copyright exists for 70 years after the year of his death.
Only music published after his death could still be in copyright.

If true, it would only be for the originals. Some arrangements would surely be under copyright.

 

[jobriant]

If true, it would only be for the originals. Some arrangements would surely be under copyright.

Copyright subsists for 70 years after the death of the composer IN MOST COUNTRIES, but not in the USA where the Pacific Brass Band is located. American copyrights are much more complex. Length of copyright on our side of the pond is based on the original copyright date, not the death of the composer. And for some works, it depends on whether it was an individual's work on his/her own behalf, or it was a "work for hire" -- such as a composer who is contracted to write a film score for the film company, for example.

In Canada, copyright subsists for 50 years (not 70) after the year of the composer's death. But most countries follow the same general rule as the UK -- 70 years after the composer's death.

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

 

[DocFox]

This is why many have called the Sonny Bono Act the Death to Public Domain Act. Even though I thought I read somewhere, the Sousa heirs were going to purposely give all claims of copyright and put everything into the public domain. That they felt that is the way John Phillip Sousa would have liked it.

I wonder if that ever came to be.

 

[Andrew Norman]

If true, it would only be for the originals. Some arrangements would surely be under copyright.

New arrangements would indeed have new copyright dates

 

[Andrew Norman]

OK so as I now understand copyright in the US exists for 95 years from the date of fist publication/copyright for works published between 1923 and 1977 and works after 1978 it is now the composer's death plus 70 years.
Sousa wrote very little of not after 1922 so all should be ok as long as you work from original sources.

 

[jobriant]

OK so as I now understand copyright in the US exists for 95 years from the date of fist publication/copyright for works published between 1923 and 1977 and works after 1978 it is now the composer's death plus 70 years.
Sousa wrote very little of not after 1922 so all should be ok as long as you work from original sources.

95 years from copyright date for works first copyrighted between 1923 and 19 ????? is correct. I'm not sure when the end of that class or group of copyrights ends and different rules go into effect. I believe that for works copyrighted in about 1995 or later, it's either 95 years or 125 years, depending on circumstances for each composition.

I am fairly certain that the USA does NOT use "70 years after the composer's death" for determining the length of any copyrights. But these things change, and I'm not involved in publishing as I was 15-20 years ago, so I don't follow it quiet as closely, so I could be mistaken.

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

 

[Andrew Norman]

95 years from copyright date for works first copyrighted between 1923 and 19 ????? is correct. I'm not sure when the end of that class or group of copyrights ends and different rules go into effect. I believe that for works copyrighted in about 1995 or later, it's either 95 years or 125 years, depending on circumstances for each composition.

I am fairly certain that the USA does NOT use "70 years after the composer's death" for determining the length of any copyrights. But these things change, and I'm not involved in publishing as I was 15-20 years ago, so I don't follow it quiet as closely, so I could be mistaken.

Jim O'Briant
Music Director / Staff Arranger
The Pacific Brass Band
www.PacificBrassBand.org

That's the most up to date information I can find.
This - from Ohio State University - seems to confirm it.