tMP Copyright FAQ and Information Fact Sheet
CONTENTS:
theMouthPiece.com is pleased to present for you a .... Copyright Issues Fact Sheet. You will find information within it on a range of topics:
What is this new Fact Sheet and Copyright FAQ information all about?
Many threads on theMouthPiece.com discuss the extremely complex subject of Copyright and its many related issues. It is all too apparent that many of us are confused by the governance and laws relating to copyright and the tMP Team felt that we should put together a new tMP Fact Sheet that is freely available to all tMP visitors and members which will hopefully, in plain English, help us understand some of the ins and outs of UK Copyright law. This FAQ and fact sheet has been compiled with the fantastic help and support of several tMP members who are:
In a court of law IGNORANCE is not an EXCUSE.
We hope you find this Fact Sheet useful, and if you do please let us know. If you feel anything is in error, or there are certain aspects you feel should have been included here that are not, again please do contact us. We will also be making this document available in a pdf version for download to your PC and also to print off and display on your Bandroom wall. We hope you find it useful... enjoy.....
John and the tMP Copyright Team
tMP Fact Sheet ---- General Copyright Information - ---
Introduction
Copyright law and copyright originated in the UK from a concept of common law, the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988.
About copyright law
Copyright law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions rights to control the ways in which their material may be used. The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions and mutilations of his work. International conventions give UK copyright protection in most countries, subject to national laws.
Copyright - What does it mean?
Under the Copyright Law, copyright owners have the exclusive right to print, publish, copy, and sell their protected works. The copyright owners of the books and music you purchase are usually indicated on those publications. The printed music you use reaches you as a result of the collaboration of a number of people: the composer or arranger who devotes her or his time and creative effort, the publisher who invests time and money, your local music retailer who supplies your musical needs. Whenever printed music is copied without permission, you are STEALING from composers, arrangers, publishers and music retailers.
The rights of others and Copyright Law:
Copyright Law is designed to encourage the development of the Arts and Sciences by protecting the work of the creative individuals in our society including composers, authors, poets, dramatists, choreographers and others. It is essential to the future of printed music that the Copyright Law be upheld by all. Composers, arrangers, publishers and dealers are losing a significant percentage of their income because of illegal photocopying. This loss of revenue ultimately means that less and less printed music is available on sale, short print runs mean higher prices for what is available, and dealers are no longer able to afford to carry large stocks of sheet music. Copyright owners have every right to prosecute offenders under Copyright Law. To date, there have been a notable number of court decisions against individuals, churches, colleges, and other institutions for violations of the Copyright Law - some involving substantial fines.
Moral Rights - Introduced in 1988
The composer (if these rights are asserted) has: a) the power to veto anything that might seem detrimental to his work (even a poor recorded performance) but especially a poor arrangement even if this was legally made and b) has the right to be identified as the author. i.e. his/her name must always appear in a programme as the composer.
Acts restricted by copyright
It is an offence to perform any of the following acts without the consent of the copyright owner: copy the work, rent, lend or issue copies of the work to the public, perform, broadcast or show the work in public, adapt or alter the work. The author of a work or director of a copyright film may also have certain moral rights; the right to be identified as the author, right to object to derogatory treatment.
Acts that do not infringe copyright
'Fair dealing’ is a term used to describe acts which are permitted to a certain degree (normally copies of parts of a work) without infringing copyright, these acts are; Private and research study purposes. Performance, copies or lending for educational purposes. Criticism and news reporting. Incidental inclusion. Copies and lending by librarians. Acts for the purposes of Royal Commissions, statutory enquiries, judicial proceedings and parliamentary purposes. Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as ‘time shifting’. Producing a back up copy for personal use of a computer program. Playing sound recording for a non profit making organisation, club or society. [Profit making organisations and individuals should obtain a licence from the Performing Rights Society.]
Penalties for infringement:
The remedies provided by the law to a copyright owner mean that anyone found making illegal copies, or otherwise infringing, could face: Statutory damages from £750 to £30,000 and, if the court finds wilfulness, up to £150,000; and if wilful infringement for commercial advantage and private financial gain is proved, fines of up to £250,000 and/or five years' imprisonment, or both.
Out-of-print music:
Sometimes, music may be erroneously reported to be out-of-print. If you are in doubt and it is vital that you obtain the music, write directly to the publisher. Only the publisher or copyright owner has the right to confirm that a title is out-of-print. If a title is out of print, many publishers will make arrangements for you to obtain a copy.
The most frequently asked Copyright questions
Why can't I copy anything I want?
It's against the law, other than in very specific circumstances, to make unauthorised copies of copyrighted materials.
What if I am faced with a special situation?
If you want to include copyrighted lyrics in a song sheet - arrange a copyrighted song for four cornets and kazoo - or make any special use of copyrighted music which the publisher cannot supply in regular published form, the magic word is - ASK. You may or may not receive permission, but when you use someone else's property, you must have the property owner's permission.
What if there's no time to ask?
That makes no difference. Think of copyrighted music as a piece of property, and you'll be on the right track. Plan ahead.
What about photocopies that are now in our Bandroom library?
Destroy any unauthorised photocopies immediately. Replace them with legal editions.
When does copyright expire on a piece of music?
Copyright protection in the UK lasts for 70 years after the death of the composer, and copyright exists until the 31st December of that 70th year. So even if a composer died on January 1st 1933, his/her copyright will last up to and including December 31st 2003 (effectively 71 years’ worth in this instance!) Up until 1996, the period lasted for 50 years after the composer's death. An EC directive, harmonising the copyright period across member countries, came into effect from January 1, 1996. However, arrangements of those composers whose works came back into copyright as a result of the directive, would have had to have been made prior to January 1 1995 to be accredited to the arranger as an arrangement of a public domain work. So far as the PRS is concerned, arrangements made in good faith of those works which came back into copyright in 1996, but made whilst those works were in the public domain under the 50 year period, will still be paid (unless say, a prior agreement has been made between publisher of 'revived' works to 'buy out' any arrangements and reclaim full copyright. It can and has happened.)
Can I make copies of copyrighted music first and then ask permission?
No. Permission must be secured prior to any duplication.
What if I can't find the owner of a copyrighted song. Can I go ahead and copy it without permission?
No. You must have the permission of the copyright owner. Check the copyright notice on the work, and/or check with the publisher of the collection in which the work appears. Once you have this information, write to the copyright owner.
As a soloist, is it permissible for me to make a photocopy of a copyrighted work for my accompanist?
No. Permission for duplication, for any purpose whatsoever, must be secured from the copyright owner.
Is it permissible to print words only on a one time basis, such as in a concert programme?
No. Permission must be secured prior to any duplication. Using just the words makes no difference.
But what about items that are out of print?
Most publishers are agreeable, under special circumstances, to allow reproducing out-of-print items, but again, permission must be secured from the copyright owner prior to any duplication.
Can I make a transparency of a Copyrighted song for use by Overhead Projector?
No. The making of a transparency is a duplication, and permission must be secured from the copyright owner.
Can I make a record or tape using a pre-recorded instrumental accompaniment track?
Two permissions are necessary here. One is from the copyright owner of the selection to be recorded, and the second is from the producer/manufacturer of the original record.
Can I make a band arrangement of a Copyrighted Piano solo? Can I make an Euphonium arrangement of a Copyrighted work for Bassoon?
No. Making any arrangement is a duplication and permission must be obtained from the copyright owner.
What about the photocopiers who don't get caught?
They force the price of legal editions higher. They enrich the manufacturers of copying machines at the expense of composers, arrangers, authors, publishers and music retailers. They risk embarrassment from professional colleagues who understand the law; and they risk fines and jail sentences if taken to court. Frankly, I cannot imagine what kind of band, school, church or professional musician would derive satisfaction from being a thief. Remember, any use of a copyrighted work for any purpose - for band, church, school, for a non-profit organization - to be sold, to be rented - just for our band - words only - we're not selling copies - emergency use - failure to locate the owner - or any other reason or justification - requires permission BEFORE any duplication or copies can be made.
Can I alter/rewrite the parts to a Test Piece?
NO! If alterations are made to a copyrighted work without the authorisation of the copyright owner, the alterations would be an unauthorised derivative work and therefore an infringement of the copyright and the exclusive right of the copyright owner. (This applies to any copyrighted piece of music)
I want to make an arrangement of a piece of music. What do I do?
The first thing to do when you want to make an arrangement is check if the work is in the public domain or if it is protected by copyright. If the work is protected by copyright, you cannot make an arrangement without the prior permission of the copyright owner.
Can I scan music into my computer?
No. Scanning copyright music into your own PC without permission is the same as using a photocopier and is illegal.
Computer documents and the Internet
Does copyright still apply on the internet?
Under UK law, it makes no difference how the work is stored or published, copyright law still applies.
What about computer programs and material stored in computers?
Under the 1988 Copyright designs and patents act, computer programs are now protected as literary works. Databases may receive copyright protection for the selection and arrangement of the contents. Also database right may exist in a database. This is an automatic right and protects databases against the unauthorised extraction and re-utilisation of the contents of the database. Database right lasts for 15 years from the making but, if published during this time, then the term is 15 years from publication.
The High Costs of Illegal Photocopying -- Photocopying copyrighted music is destructive and against the law.
Let's look at some of the effects of illegal photocopying:
COMPOSERS are denied rightful revenue. They earn little enough as it is from exercising their craft and talent. Surely we should encourage composers to be creative and not deter them. It is also much more difficult now for young composers to find a publisher, because publishers are losing revenues as a result of photocopying; they cannot afford to risk investing in young talent as they once did.
MUSICIANS, both professional and amateur, also suffer the consequences of the illegal reproduction of music, since photocopying increases costs and so forces up retail prices. More and more works have to be deleted from catalogues and become difficult to obtain, thus limiting and reducing the repertoire.
MUSIC RETAILERS can no longer afford to carry as much music in stock as they once did. This means that more and more of the music you want is available only on special order. Each day retailers across the country are losing a significant amount of sales because of illegal photocopying. Many are also losing business and cutting back on staff and inventory. As a result, you no longer get the prompt and efficient service you once enjoyed.
Photocopying denies publishers important sales data, and the consequences are enormous. Publishers see sales of a particular work falling, and so reprint fewer copies; smaller print runs result in higher print costs, which means that retail prices go up. The increase in the retail price often causes a further drop in sales. Eventually, the publisher has no choice but to put the work permanently out of print.
The Future Is In Your Hands: If you have not been aware of the harmful effects of illegal photocopying, now is the time to act. It is so easy just to go on making copies of music without giving much thought to the consequences. Now that you have the facts, you can help the future of the printed music industry. You can help new composers, as well as those already established, to generate new music and be properly compensated.
Christian Copyright Licensing Internat ional
Church Copyright Licensing International and their WWW Site
For those in church settings, there is a Licence scheme available that does allow reproduction of words and music under certain circumstances. Operated by Church Copyright Licensing International there are two separate licences available and are discussed below. A lot more information on this subject can be found at the web site for Christian Copyright Licensing international which can be located at http://www.ccli.com
Church Copyright Licence
This allows for the reproduction, for worship purposes, of the words of songs either on paper or by the use of an overhead projector or video screen. This covers every song where the Copyright Owner is affiliated to the scheme. Due acknowledgement must be madeof the author and copyright owner.
Music Reproduction Licence
This allows for the photocopying of songs (including the music) for worship purposes, providing the Owner is on the Authorised Catalogue List, or from Publications whose Owner is on the Authorised Publisher List. The licensee must have purchased one original copy of the music to be reproduced. Copies are to be used by a congregation on the basis that they will or may be returned. Permission is also given to make customised instrumental arrangements of music compositions provided that no published version is available. All aspects of the music, apart from instrumentation, must remain unchanged. The Licences are purchased by the church involved on an annual basis, the fee being dependent on the size of the congregation.
Just to remind you all !
Acts restricted by copyright
It is an offence to perform any of the following acts without the consent of the copyright owner: copy the work, rent, lend or issue copies of the work to the public, perform, broadcast or show the work in public, adapt or alter the work. The author of a work or director of a copyright film may also have certain moral rights; the right to be identified as the author, right to object to derogatory treatment.
Acts that do not infringe copyright
'Fair dealing’ is a term used to describe acts which are permitted to a certain degree (normally copies of parts of a work) without infringing copyright, these acts are; Private and research study purposes. Performance, copies or lending for educational purposes. Criticism and news reporting. Incidental inclusion. Copies and lending by librarians. Acts for the purposes of Royal Commissions, statutory enquiries, judicial proceedings and parliamentary purposes. Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as ‘time shifting’. Producing a back up copy for personal use of a computer program. Playing sound recording for a non profit making organisation, club or society. [Profit making organisations and individuals should obtain a licence from the Performing Rights Society.]
The Photocopier - friend or foe?
We live at a time when convenience is regarded as a basic human right. We enjoy instant food and instant banking, and for some there is the reality of instant printed music!, I don't have time to wait. I need such and such a piece now! Or, the argument is that there is no money left in my purchasing budget! And so, the photocopier rolls - and the manufacturer of the copying machine is compensated instead of composers, arrangers and publishers! When you photocopy printed music, you pay - you cheat our composers, arrangers and editors - we need them! So, who really pays for photocopied music? Everyone! Composers and arrangers who lose what is their rightful payment for work done! But, most important of all, instead of there being a legitimate and reasonable budget for the purchase of printed music at your band, church, college or school, the operational costs of the photocopier are exceptionally high! The photocopying of printed music is unprofessional. It shows a startling disregard of professional standards and values. How can a legitimate academic activity be based on illegal acquisition? How can a form of worship depend on blatant disregard of another's personal property? The sad reality of instant printed music is that legitimate printed music becomes more difficult to obtain, and what is available is more expensive! The fair use provision of the new law is not in dispute here. What we are addressing is the inexcusable use of photocopying machines in order to avoid purchase. Teaching by example, a moral issue can be raised at this point. Basic moral principles tell us that it is wrong to obtain a good by using means that are illegal. The music educator who puts illegally copied music or texts into the hands of children is attempting to do just that. Recognise and acknowledge our composers, arrangers and editors by buying their music!
It's out-of-print - What do I do now?
When a copyrighted work goes out-of-print and becomes generally unavailable to the public, the fact that it is out-of-print does not imply that it may be reproduced in any manner without first receiving permission from the copyright owner. As long as the work is under copyright, permission to reproduce the work must always be obtained. For that reason, the music publishers trade associations have prepared a simple form relative to the procurement of out-of-print works. This form, when sent to the copyright owner, will expedite the inquiry and permission process.
Arrangements and Transcriptions
A frequent topic that is questioned has to do with unauthorised arrangements of copyrighted works. This means that if an arrangement is made of a copyrighted work without the authorisation of the copyright owner, the arrangement would be an unauthorised derivative work and therefore an infringement of the copyright and the exclusive right of the copyright owner as defined above, for example, you have just found a work which would make a great orchestration or brass quintet! What do you do? The first thing to do is check if the work is in the public domain, or is protected by copyright. If this is a copyrighted work, you cannot make an arrangement with the prior permissions of the copyright owner. If in any doubt, contact the publisher using the MPA standard form, Permission to Arrange. These forms will expedite your inquiry.
Recording your band onto a commercial CD/Tape/Cassette: Do I need permission?
Yes, you have to obtain a mechanical licence. If you wish to record your band, choir, orchestra, or any performing group, you must keep in mind that the copyright owner alone has the right to reproduce a piece of music. This can be done by printing the music or by recording the music. Either way, the exclusive right belongs to the copyright owner. Permission must be obtained from the copyright owner for any copyrighted works recorded. All such recordings, no matter what the purpose, are subject to the payment of a mechanical royalty.
MUSIC PUBLISHING – A General Overview
MUSIC PUBLISHING – A General Overview
The retail price of a piece of music does not really reflect the value of the music! It does not reflect the amount of time devoted to the piece by the composer or the arranger. Neither does it reflect the potential lasting aesthetic value of the music. The printed music you use comes to you in many different forms, from many different sources, countries and publishers. The piece of music you are currently studying or performing reaches you as a result of the efforts of many people. Composers, arrangers and editors obviously contribute in a unique way. The fact that you have in hand a particular piece of printed music is also the result of contributions of a group of people whose work, for the most part, goes un-credited - music retailers and music publishers. Most printed music is obtained through a music retailer, whether a music store or a mail order company. Some music stores carry only a limited stock of printed music. Why? Because stocking printed music presents many challenges and problems. There is a vast range of printed music available, and many retailers often just do not have the physical space to carry a complete or representative selection. Further, it is not enough just to buy and carefully store printed music. A music retailer also needs a staff who can relate to customers with knowledge and courtesy. And, of course, any company, no matter how devoted to the musical arts, must, at the end of the day, make a profit or close its doors. A crucial question for any business is: How many customers will we have? While many publications are popular and in frequent demand, other publications sell only a few copies a year. The hard reality is that the number of people who buy printed music is a comparatively small portion of the population. Music publishers face many of the same problems faced by music retailers, with a significant number of other major concerns. Many of these concerns are presented in this fact sheet. In all of this, what is most important is that the composers, the arrangers, the retailers and the publishers do what they do to bring printed music to you. So that we can serve you better, and that you are better served...please read on.
The Music Publishing Process
Composers and Arrangers
The composer or arranger submits a manuscript to a publisher. The writer may be under contract to the publisher to submit a certain number of works each year, or it may be that the manuscript is unsolicited.
The Publisher
Manuscript Review and Selection
Manuscripts, especially unsolicited ones, are received by the Editorial Department. This department is responsible for screening all incoming manuscripts. Each manuscript is registered and reviewed by an editor. The editor evaluates the work for its musical quality and practical feasibility. Works which meet these requirements are then passed to a Publications Committee for further review and evaluation. Those works which are not accepted for publication are returned to the composer. Before music can be reproduced and distributed, the legal rights of both the composer and the publisher must be secured. The publisher's Legal Department performs this important task, and before a contract is drawn up, the work is reviewed in case permissions or licenses need to be obtained; for example, clearance of a text which is copyrighted. A contract is then drawn up between the composer (or arranger) and publisher for the work which has been accepted.
The Editorial and Production Process
After very careful and detailed examination, the editor contacts the composer and discusses the composition in detail.
Engraving
If the composer's hand is neat and legible, and depending on the nature of the work, consideration may be given to producing the work in a facsimile edition. Otherwise, the manuscript will be prepared for the engraving process. The engraving process offers many possibilities, from the author's hand-copying, to the music typewriter and various computer-assisted methods. A copy of the final proof is forwarded to the composer (or arranger) for final checking before publication.
Printing
The engraved work is now prepared for the printing process. The Production Department lays out each page, adding titles, page numbers, copyright notice, etc. The cover is prepared, and the work then goes to press.
Works Available on Rental
Some works will not be made available for sale; rather, they will be placed in a rental library, and may be rented for specific periods for a set fee. The nature of the work dictates whether it will be a sales item, or available on rental. Obviously, very lengthy works, or those calling for substantially larger than usual forces, are made available on rental because it would not be economically feasible to supply scores and parts for sale, as the retail price would be prohibitive
Sales and Marketing
As soon as the newly published work appears in print, a series of promotional and sales activities are automatically set into motion. Copies are usually mailed out to dealers across the country, especially to those who subscribe to a new publication programme. Press releases are issued, copies are sent to magazines for review. Prominent members of the music community also receive copies. The work is added to various catalogue’s, advertised in music magazines, and, if appropriate, may be the subject of a separate promotional mailing piece. Where appropriate, the work will also receive additional exposure at workshops and conventions. In some cases the work will be recorded, and the recording used for various promotional purposes.
Availability of Printed Music
Most musicians are able to buy printed music from their local music retailer, who maintains a basic inventory of standard titles. Other titles may have to be specially ordered from the publisher. You should not assume that your music retailer will have in stock and readily available the next piece that you want to perform or study. Always plan well ahead so as to ensure that your local supplier has enough time to obtain the music.
The Music Distribution Process
The Distribution Department of any music publisher is a very busy place. This is the department that is responsible for getting printed music from the publisher to the customer. Much is involved in filling an order. Each order is processed electronically. Copies are taken from the shelves, and each order is assembled. The computer again comes into play: inventory is adjusted, royalty records are amended, invoices and packing slips are prepared. The order is then packed and put into the mail. Maintaining the correct stock levels is a constant and challenging task, especially when you consider that most medium-to-large publishers carry as many as 5,000 to 10,000 separate titles in their catalogues. That means a lot of warehouse space, a lot of computer time, and a lot of staff are needed to process the orders.
Out of Print, or Out of Stock?
Virtually every publisher has efficient control systems to monitor stock levels. However, it just needs for one work to go on a festival or contest list, and suddenly we are out of stock. Time and time again, works are selected and put on lists, which is wonderful – but no one told the publisher! Suddenly there is increased demand for a particular title, and the publisher or distributor doesn't know why. If the work can be reprinted locally, there isn't too much of a problem, but there may be a delay of several weeks as the publisher rushes through a reprint.
Ordering Printed Music
Please plan ahead and order your publications early - don't wait until the last moment. If you do, you could just miss the last copy. When ordering music, you can help the processing of your order by providing exact information, i.e. composer, arranger, editor, title, etc. Today, order handling is highly computerised, so if you can provide an edition number or a stock number, you will even further facilitate the processing of your order. If you are on a Selection Committee, please ensure that you check with the publisher before adding a title to your festival or state list. It is preferable to convey this important information by writing to the publisher; however, if it is necessary that you have to phone, please ensure that you reach a manager or supervisor, who will understand the significance of your information. If you are having problems obtaining a publication or information, contact your local or preferred music supplier. If your supplier cannot solve the problem, then contact the publisher directly.
Submitting Manuscripts To Music Publishers
Thinking of submitting your manuscript to a music publisher? There are two factors which should be addressed before you send your material: Do not sent the original manuscript without making a copy. If you have done this, phone the publisher immediately. It is always preferable to retain the original manuscript and submit a good, legible copy to the publisher. Do you intend to send your manuscript to more than one publisher at the same time? If you do, it is always courteous to let all the publishers involved know this.
Some of the content on this page comes from the UK Copyright Service website http://www.copyrightservice.co.uk and subject to licence. Please visit http://www.copyrightservice.co.uk/co..._copyright_law for details.
Useful addresses:
UK Copyright Service
UKCS - Enquiries
4 Tavistock Avenue
Didcot
Oxfordshire
OX11 8NA
United Kingdom
http://www.copyrightservice.co.uk
http://www.copyrightservice.co.uk/about/contact
Copyright Licensing Agency
90 Tottenham Court Road
London
W1P 0LP
Tel. (0207) 436 5931
www.cla.co.uk
Mechanical Copyright Protection Society
Elgar House
41 Streatham High Road
London
SW16 1ER
Tel. (0208 ) 664 4400
www.mcps.co.uk
Performing Rights Society/British Copyright Council
29-33 Berners Street
London
W1P 4AA
Tel. (0207) 306 4069 -B.C.C.
Tel. (0207) 580 5544 -P.R.S.
www.prs.co.uk
The Patent Office
Harmsworth House
13-15 Bouverie Street
London
EC4Y 8DP
Tel: 08459 500 505
E-mail: enquiries@patent.gov.uk
Website: www.patent.gov.uk
or alternatively:
HMP Wormwood Scrubs
P.O. Box 757
Du Cane Road
London
W12 OAE
Tel: 020 8588 3200
Visiting Times: Once a Month! - by arrangement!
and the inevitable protection for theMouthPiece.com.. . .
Disclaimer
theMouthPiece.com and its Administration Team does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of information contained within this document regarding any copyright issues. Although we strive to make the information on copyright and relevant issues as accurate as possible, we recommend that for individual queries regarding the copyright of a work or works, rather than presume from the general information that's given here, please send an e-mail to the Performing Rights Society, who will endeavour to solve your queries.
This document: © 2004 theMouthPiece.com
CONTENTS:
theMouthPiece.com is pleased to present for you a .... Copyright Issues Fact Sheet. You will find information within it on a range of topics:
- tMP Fact Sheet ---- General Copyright Information ----
- The most frequently asked Copyright questions
- Computer documents and the Internet
- The High Costs of Illegal Photocopying -- Photocopying copyrighted music is destructive and against the law.
- Christian Copyright Licensing International
- Just to remind you all!
- MUSIC PUBLISHING – A General Overview
- Useful addresses
- and the inevitable protection for theMouthPiece.com....
What is this new Fact Sheet and Copyright FAQ information all about?
Many threads on theMouthPiece.com discuss the extremely complex subject of Copyright and its many related issues. It is all too apparent that many of us are confused by the governance and laws relating to copyright and the tMP Team felt that we should put together a new tMP Fact Sheet that is freely available to all tMP visitors and members which will hopefully, in plain English, help us understand some of the ins and outs of UK Copyright law. This FAQ and fact sheet has been compiled with the fantastic help and support of several tMP members who are:
- Philip Sparke
- Roger Thorne
- Dave Payn
- Peter Bale
In a court of law IGNORANCE is not an EXCUSE.
We hope you find this Fact Sheet useful, and if you do please let us know. If you feel anything is in error, or there are certain aspects you feel should have been included here that are not, again please do contact us. We will also be making this document available in a pdf version for download to your PC and also to print off and display on your Bandroom wall. We hope you find it useful... enjoy.....
John and the tMP Copyright Team
tMP Fact Sheet ---- General Copyright Information - ---
Introduction
Copyright law and copyright originated in the UK from a concept of common law, the Statute of Anne 1709. It became statutory with the passing of the Copyright Act 1911. The current act is the Copyright, Designs and Patents Act 1988.
About copyright law
Copyright law gives the creators of literary, dramatic, musical, artistic works, sound recordings, broadcasts, films and typographical arrangement of published editions rights to control the ways in which their material may be used. The rights cover; broadcast and public performance, copying, adapting, issuing, renting and lending copies to the public. In many cases, the creator will also have the right to be identified as the author and to object to distortions and mutilations of his work. International conventions give UK copyright protection in most countries, subject to national laws.
Copyright - What does it mean?
Under the Copyright Law, copyright owners have the exclusive right to print, publish, copy, and sell their protected works. The copyright owners of the books and music you purchase are usually indicated on those publications. The printed music you use reaches you as a result of the collaboration of a number of people: the composer or arranger who devotes her or his time and creative effort, the publisher who invests time and money, your local music retailer who supplies your musical needs. Whenever printed music is copied without permission, you are STEALING from composers, arrangers, publishers and music retailers.
The rights of others and Copyright Law:
Copyright Law is designed to encourage the development of the Arts and Sciences by protecting the work of the creative individuals in our society including composers, authors, poets, dramatists, choreographers and others. It is essential to the future of printed music that the Copyright Law be upheld by all. Composers, arrangers, publishers and dealers are losing a significant percentage of their income because of illegal photocopying. This loss of revenue ultimately means that less and less printed music is available on sale, short print runs mean higher prices for what is available, and dealers are no longer able to afford to carry large stocks of sheet music. Copyright owners have every right to prosecute offenders under Copyright Law. To date, there have been a notable number of court decisions against individuals, churches, colleges, and other institutions for violations of the Copyright Law - some involving substantial fines.
Moral Rights - Introduced in 1988
The composer (if these rights are asserted) has: a) the power to veto anything that might seem detrimental to his work (even a poor recorded performance) but especially a poor arrangement even if this was legally made and b) has the right to be identified as the author. i.e. his/her name must always appear in a programme as the composer.
Acts restricted by copyright
It is an offence to perform any of the following acts without the consent of the copyright owner: copy the work, rent, lend or issue copies of the work to the public, perform, broadcast or show the work in public, adapt or alter the work. The author of a work or director of a copyright film may also have certain moral rights; the right to be identified as the author, right to object to derogatory treatment.
Acts that do not infringe copyright
'Fair dealing’ is a term used to describe acts which are permitted to a certain degree (normally copies of parts of a work) without infringing copyright, these acts are; Private and research study purposes. Performance, copies or lending for educational purposes. Criticism and news reporting. Incidental inclusion. Copies and lending by librarians. Acts for the purposes of Royal Commissions, statutory enquiries, judicial proceedings and parliamentary purposes. Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as ‘time shifting’. Producing a back up copy for personal use of a computer program. Playing sound recording for a non profit making organisation, club or society. [Profit making organisations and individuals should obtain a licence from the Performing Rights Society.]
Penalties for infringement:
The remedies provided by the law to a copyright owner mean that anyone found making illegal copies, or otherwise infringing, could face: Statutory damages from £750 to £30,000 and, if the court finds wilfulness, up to £150,000; and if wilful infringement for commercial advantage and private financial gain is proved, fines of up to £250,000 and/or five years' imprisonment, or both.
Out-of-print music:
Sometimes, music may be erroneously reported to be out-of-print. If you are in doubt and it is vital that you obtain the music, write directly to the publisher. Only the publisher or copyright owner has the right to confirm that a title is out-of-print. If a title is out of print, many publishers will make arrangements for you to obtain a copy.
The most frequently asked Copyright questions
Why can't I copy anything I want?
It's against the law, other than in very specific circumstances, to make unauthorised copies of copyrighted materials.
What if I am faced with a special situation?
If you want to include copyrighted lyrics in a song sheet - arrange a copyrighted song for four cornets and kazoo - or make any special use of copyrighted music which the publisher cannot supply in regular published form, the magic word is - ASK. You may or may not receive permission, but when you use someone else's property, you must have the property owner's permission.
What if there's no time to ask?
That makes no difference. Think of copyrighted music as a piece of property, and you'll be on the right track. Plan ahead.
What about photocopies that are now in our Bandroom library?
Destroy any unauthorised photocopies immediately. Replace them with legal editions.
When does copyright expire on a piece of music?
Copyright protection in the UK lasts for 70 years after the death of the composer, and copyright exists until the 31st December of that 70th year. So even if a composer died on January 1st 1933, his/her copyright will last up to and including December 31st 2003 (effectively 71 years’ worth in this instance!) Up until 1996, the period lasted for 50 years after the composer's death. An EC directive, harmonising the copyright period across member countries, came into effect from January 1, 1996. However, arrangements of those composers whose works came back into copyright as a result of the directive, would have had to have been made prior to January 1 1995 to be accredited to the arranger as an arrangement of a public domain work. So far as the PRS is concerned, arrangements made in good faith of those works which came back into copyright in 1996, but made whilst those works were in the public domain under the 50 year period, will still be paid (unless say, a prior agreement has been made between publisher of 'revived' works to 'buy out' any arrangements and reclaim full copyright. It can and has happened.)
Can I make copies of copyrighted music first and then ask permission?
No. Permission must be secured prior to any duplication.
What if I can't find the owner of a copyrighted song. Can I go ahead and copy it without permission?
No. You must have the permission of the copyright owner. Check the copyright notice on the work, and/or check with the publisher of the collection in which the work appears. Once you have this information, write to the copyright owner.
As a soloist, is it permissible for me to make a photocopy of a copyrighted work for my accompanist?
No. Permission for duplication, for any purpose whatsoever, must be secured from the copyright owner.
Is it permissible to print words only on a one time basis, such as in a concert programme?
No. Permission must be secured prior to any duplication. Using just the words makes no difference.
But what about items that are out of print?
Most publishers are agreeable, under special circumstances, to allow reproducing out-of-print items, but again, permission must be secured from the copyright owner prior to any duplication.
Can I make a transparency of a Copyrighted song for use by Overhead Projector?
No. The making of a transparency is a duplication, and permission must be secured from the copyright owner.
Can I make a record or tape using a pre-recorded instrumental accompaniment track?
Two permissions are necessary here. One is from the copyright owner of the selection to be recorded, and the second is from the producer/manufacturer of the original record.
Can I make a band arrangement of a Copyrighted Piano solo? Can I make an Euphonium arrangement of a Copyrighted work for Bassoon?
No. Making any arrangement is a duplication and permission must be obtained from the copyright owner.
What about the photocopiers who don't get caught?
They force the price of legal editions higher. They enrich the manufacturers of copying machines at the expense of composers, arrangers, authors, publishers and music retailers. They risk embarrassment from professional colleagues who understand the law; and they risk fines and jail sentences if taken to court. Frankly, I cannot imagine what kind of band, school, church or professional musician would derive satisfaction from being a thief. Remember, any use of a copyrighted work for any purpose - for band, church, school, for a non-profit organization - to be sold, to be rented - just for our band - words only - we're not selling copies - emergency use - failure to locate the owner - or any other reason or justification - requires permission BEFORE any duplication or copies can be made.
Can I alter/rewrite the parts to a Test Piece?
NO! If alterations are made to a copyrighted work without the authorisation of the copyright owner, the alterations would be an unauthorised derivative work and therefore an infringement of the copyright and the exclusive right of the copyright owner. (This applies to any copyrighted piece of music)
I want to make an arrangement of a piece of music. What do I do?
The first thing to do when you want to make an arrangement is check if the work is in the public domain or if it is protected by copyright. If the work is protected by copyright, you cannot make an arrangement without the prior permission of the copyright owner.
Can I scan music into my computer?
No. Scanning copyright music into your own PC without permission is the same as using a photocopier and is illegal.
Computer documents and the Internet
Does copyright still apply on the internet?
Under UK law, it makes no difference how the work is stored or published, copyright law still applies.
What about computer programs and material stored in computers?
Under the 1988 Copyright designs and patents act, computer programs are now protected as literary works. Databases may receive copyright protection for the selection and arrangement of the contents. Also database right may exist in a database. This is an automatic right and protects databases against the unauthorised extraction and re-utilisation of the contents of the database. Database right lasts for 15 years from the making but, if published during this time, then the term is 15 years from publication.
The High Costs of Illegal Photocopying -- Photocopying copyrighted music is destructive and against the law.
Let's look at some of the effects of illegal photocopying:
COMPOSERS are denied rightful revenue. They earn little enough as it is from exercising their craft and talent. Surely we should encourage composers to be creative and not deter them. It is also much more difficult now for young composers to find a publisher, because publishers are losing revenues as a result of photocopying; they cannot afford to risk investing in young talent as they once did.
MUSICIANS, both professional and amateur, also suffer the consequences of the illegal reproduction of music, since photocopying increases costs and so forces up retail prices. More and more works have to be deleted from catalogues and become difficult to obtain, thus limiting and reducing the repertoire.
MUSIC RETAILERS can no longer afford to carry as much music in stock as they once did. This means that more and more of the music you want is available only on special order. Each day retailers across the country are losing a significant amount of sales because of illegal photocopying. Many are also losing business and cutting back on staff and inventory. As a result, you no longer get the prompt and efficient service you once enjoyed.
Photocopying denies publishers important sales data, and the consequences are enormous. Publishers see sales of a particular work falling, and so reprint fewer copies; smaller print runs result in higher print costs, which means that retail prices go up. The increase in the retail price often causes a further drop in sales. Eventually, the publisher has no choice but to put the work permanently out of print.
The Future Is In Your Hands: If you have not been aware of the harmful effects of illegal photocopying, now is the time to act. It is so easy just to go on making copies of music without giving much thought to the consequences. Now that you have the facts, you can help the future of the printed music industry. You can help new composers, as well as those already established, to generate new music and be properly compensated.
Christian Copyright Licensing Internat ional
Church Copyright Licensing International and their WWW Site
For those in church settings, there is a Licence scheme available that does allow reproduction of words and music under certain circumstances. Operated by Church Copyright Licensing International there are two separate licences available and are discussed below. A lot more information on this subject can be found at the web site for Christian Copyright Licensing international which can be located at http://www.ccli.com
Church Copyright Licence
This allows for the reproduction, for worship purposes, of the words of songs either on paper or by the use of an overhead projector or video screen. This covers every song where the Copyright Owner is affiliated to the scheme. Due acknowledgement must be madeof the author and copyright owner.
Music Reproduction Licence
This allows for the photocopying of songs (including the music) for worship purposes, providing the Owner is on the Authorised Catalogue List, or from Publications whose Owner is on the Authorised Publisher List. The licensee must have purchased one original copy of the music to be reproduced. Copies are to be used by a congregation on the basis that they will or may be returned. Permission is also given to make customised instrumental arrangements of music compositions provided that no published version is available. All aspects of the music, apart from instrumentation, must remain unchanged. The Licences are purchased by the church involved on an annual basis, the fee being dependent on the size of the congregation.
Just to remind you all !
Acts restricted by copyright
It is an offence to perform any of the following acts without the consent of the copyright owner: copy the work, rent, lend or issue copies of the work to the public, perform, broadcast or show the work in public, adapt or alter the work. The author of a work or director of a copyright film may also have certain moral rights; the right to be identified as the author, right to object to derogatory treatment.
Acts that do not infringe copyright
'Fair dealing’ is a term used to describe acts which are permitted to a certain degree (normally copies of parts of a work) without infringing copyright, these acts are; Private and research study purposes. Performance, copies or lending for educational purposes. Criticism and news reporting. Incidental inclusion. Copies and lending by librarians. Acts for the purposes of Royal Commissions, statutory enquiries, judicial proceedings and parliamentary purposes. Recording of broadcasts for the purposes of listening to or viewing at a more convenient time, this is known as ‘time shifting’. Producing a back up copy for personal use of a computer program. Playing sound recording for a non profit making organisation, club or society. [Profit making organisations and individuals should obtain a licence from the Performing Rights Society.]
The Photocopier - friend or foe?
We live at a time when convenience is regarded as a basic human right. We enjoy instant food and instant banking, and for some there is the reality of instant printed music!, I don't have time to wait. I need such and such a piece now! Or, the argument is that there is no money left in my purchasing budget! And so, the photocopier rolls - and the manufacturer of the copying machine is compensated instead of composers, arrangers and publishers! When you photocopy printed music, you pay - you cheat our composers, arrangers and editors - we need them! So, who really pays for photocopied music? Everyone! Composers and arrangers who lose what is their rightful payment for work done! But, most important of all, instead of there being a legitimate and reasonable budget for the purchase of printed music at your band, church, college or school, the operational costs of the photocopier are exceptionally high! The photocopying of printed music is unprofessional. It shows a startling disregard of professional standards and values. How can a legitimate academic activity be based on illegal acquisition? How can a form of worship depend on blatant disregard of another's personal property? The sad reality of instant printed music is that legitimate printed music becomes more difficult to obtain, and what is available is more expensive! The fair use provision of the new law is not in dispute here. What we are addressing is the inexcusable use of photocopying machines in order to avoid purchase. Teaching by example, a moral issue can be raised at this point. Basic moral principles tell us that it is wrong to obtain a good by using means that are illegal. The music educator who puts illegally copied music or texts into the hands of children is attempting to do just that. Recognise and acknowledge our composers, arrangers and editors by buying their music!
It's out-of-print - What do I do now?
When a copyrighted work goes out-of-print and becomes generally unavailable to the public, the fact that it is out-of-print does not imply that it may be reproduced in any manner without first receiving permission from the copyright owner. As long as the work is under copyright, permission to reproduce the work must always be obtained. For that reason, the music publishers trade associations have prepared a simple form relative to the procurement of out-of-print works. This form, when sent to the copyright owner, will expedite the inquiry and permission process.
Arrangements and Transcriptions
A frequent topic that is questioned has to do with unauthorised arrangements of copyrighted works. This means that if an arrangement is made of a copyrighted work without the authorisation of the copyright owner, the arrangement would be an unauthorised derivative work and therefore an infringement of the copyright and the exclusive right of the copyright owner as defined above, for example, you have just found a work which would make a great orchestration or brass quintet! What do you do? The first thing to do is check if the work is in the public domain, or is protected by copyright. If this is a copyrighted work, you cannot make an arrangement with the prior permissions of the copyright owner. If in any doubt, contact the publisher using the MPA standard form, Permission to Arrange. These forms will expedite your inquiry.
Recording your band onto a commercial CD/Tape/Cassette: Do I need permission?
Yes, you have to obtain a mechanical licence. If you wish to record your band, choir, orchestra, or any performing group, you must keep in mind that the copyright owner alone has the right to reproduce a piece of music. This can be done by printing the music or by recording the music. Either way, the exclusive right belongs to the copyright owner. Permission must be obtained from the copyright owner for any copyrighted works recorded. All such recordings, no matter what the purpose, are subject to the payment of a mechanical royalty.
MUSIC PUBLISHING – A General Overview
MUSIC PUBLISHING – A General Overview
The retail price of a piece of music does not really reflect the value of the music! It does not reflect the amount of time devoted to the piece by the composer or the arranger. Neither does it reflect the potential lasting aesthetic value of the music. The printed music you use comes to you in many different forms, from many different sources, countries and publishers. The piece of music you are currently studying or performing reaches you as a result of the efforts of many people. Composers, arrangers and editors obviously contribute in a unique way. The fact that you have in hand a particular piece of printed music is also the result of contributions of a group of people whose work, for the most part, goes un-credited - music retailers and music publishers. Most printed music is obtained through a music retailer, whether a music store or a mail order company. Some music stores carry only a limited stock of printed music. Why? Because stocking printed music presents many challenges and problems. There is a vast range of printed music available, and many retailers often just do not have the physical space to carry a complete or representative selection. Further, it is not enough just to buy and carefully store printed music. A music retailer also needs a staff who can relate to customers with knowledge and courtesy. And, of course, any company, no matter how devoted to the musical arts, must, at the end of the day, make a profit or close its doors. A crucial question for any business is: How many customers will we have? While many publications are popular and in frequent demand, other publications sell only a few copies a year. The hard reality is that the number of people who buy printed music is a comparatively small portion of the population. Music publishers face many of the same problems faced by music retailers, with a significant number of other major concerns. Many of these concerns are presented in this fact sheet. In all of this, what is most important is that the composers, the arrangers, the retailers and the publishers do what they do to bring printed music to you. So that we can serve you better, and that you are better served...please read on.
The Music Publishing Process
Composers and Arrangers
The composer or arranger submits a manuscript to a publisher. The writer may be under contract to the publisher to submit a certain number of works each year, or it may be that the manuscript is unsolicited.
The Publisher
Manuscript Review and Selection
Manuscripts, especially unsolicited ones, are received by the Editorial Department. This department is responsible for screening all incoming manuscripts. Each manuscript is registered and reviewed by an editor. The editor evaluates the work for its musical quality and practical feasibility. Works which meet these requirements are then passed to a Publications Committee for further review and evaluation. Those works which are not accepted for publication are returned to the composer. Before music can be reproduced and distributed, the legal rights of both the composer and the publisher must be secured. The publisher's Legal Department performs this important task, and before a contract is drawn up, the work is reviewed in case permissions or licenses need to be obtained; for example, clearance of a text which is copyrighted. A contract is then drawn up between the composer (or arranger) and publisher for the work which has been accepted.
The Editorial and Production Process
After very careful and detailed examination, the editor contacts the composer and discusses the composition in detail.
Engraving
If the composer's hand is neat and legible, and depending on the nature of the work, consideration may be given to producing the work in a facsimile edition. Otherwise, the manuscript will be prepared for the engraving process. The engraving process offers many possibilities, from the author's hand-copying, to the music typewriter and various computer-assisted methods. A copy of the final proof is forwarded to the composer (or arranger) for final checking before publication.
Printing
The engraved work is now prepared for the printing process. The Production Department lays out each page, adding titles, page numbers, copyright notice, etc. The cover is prepared, and the work then goes to press.
Works Available on Rental
Some works will not be made available for sale; rather, they will be placed in a rental library, and may be rented for specific periods for a set fee. The nature of the work dictates whether it will be a sales item, or available on rental. Obviously, very lengthy works, or those calling for substantially larger than usual forces, are made available on rental because it would not be economically feasible to supply scores and parts for sale, as the retail price would be prohibitive
Sales and Marketing
As soon as the newly published work appears in print, a series of promotional and sales activities are automatically set into motion. Copies are usually mailed out to dealers across the country, especially to those who subscribe to a new publication programme. Press releases are issued, copies are sent to magazines for review. Prominent members of the music community also receive copies. The work is added to various catalogue’s, advertised in music magazines, and, if appropriate, may be the subject of a separate promotional mailing piece. Where appropriate, the work will also receive additional exposure at workshops and conventions. In some cases the work will be recorded, and the recording used for various promotional purposes.
Availability of Printed Music
Most musicians are able to buy printed music from their local music retailer, who maintains a basic inventory of standard titles. Other titles may have to be specially ordered from the publisher. You should not assume that your music retailer will have in stock and readily available the next piece that you want to perform or study. Always plan well ahead so as to ensure that your local supplier has enough time to obtain the music.
The Music Distribution Process
The Distribution Department of any music publisher is a very busy place. This is the department that is responsible for getting printed music from the publisher to the customer. Much is involved in filling an order. Each order is processed electronically. Copies are taken from the shelves, and each order is assembled. The computer again comes into play: inventory is adjusted, royalty records are amended, invoices and packing slips are prepared. The order is then packed and put into the mail. Maintaining the correct stock levels is a constant and challenging task, especially when you consider that most medium-to-large publishers carry as many as 5,000 to 10,000 separate titles in their catalogues. That means a lot of warehouse space, a lot of computer time, and a lot of staff are needed to process the orders.
Out of Print, or Out of Stock?
Virtually every publisher has efficient control systems to monitor stock levels. However, it just needs for one work to go on a festival or contest list, and suddenly we are out of stock. Time and time again, works are selected and put on lists, which is wonderful – but no one told the publisher! Suddenly there is increased demand for a particular title, and the publisher or distributor doesn't know why. If the work can be reprinted locally, there isn't too much of a problem, but there may be a delay of several weeks as the publisher rushes through a reprint.
Ordering Printed Music
Please plan ahead and order your publications early - don't wait until the last moment. If you do, you could just miss the last copy. When ordering music, you can help the processing of your order by providing exact information, i.e. composer, arranger, editor, title, etc. Today, order handling is highly computerised, so if you can provide an edition number or a stock number, you will even further facilitate the processing of your order. If you are on a Selection Committee, please ensure that you check with the publisher before adding a title to your festival or state list. It is preferable to convey this important information by writing to the publisher; however, if it is necessary that you have to phone, please ensure that you reach a manager or supervisor, who will understand the significance of your information. If you are having problems obtaining a publication or information, contact your local or preferred music supplier. If your supplier cannot solve the problem, then contact the publisher directly.
Submitting Manuscripts To Music Publishers
Thinking of submitting your manuscript to a music publisher? There are two factors which should be addressed before you send your material: Do not sent the original manuscript without making a copy. If you have done this, phone the publisher immediately. It is always preferable to retain the original manuscript and submit a good, legible copy to the publisher. Do you intend to send your manuscript to more than one publisher at the same time? If you do, it is always courteous to let all the publishers involved know this.
Some of the content on this page comes from the UK Copyright Service website http://www.copyrightservice.co.uk and subject to licence. Please visit http://www.copyrightservice.co.uk/co..._copyright_law for details.
Useful addresses:
UK Copyright Service
UKCS - Enquiries
4 Tavistock Avenue
Didcot
Oxfordshire
OX11 8NA
United Kingdom
http://www.copyrightservice.co.uk
http://www.copyrightservice.co.uk/about/contact
Copyright Licensing Agency
90 Tottenham Court Road
London
W1P 0LP
Tel. (0207) 436 5931
www.cla.co.uk
Mechanical Copyright Protection Society
Elgar House
41 Streatham High Road
London
SW16 1ER
Tel. (0208 ) 664 4400
www.mcps.co.uk
Performing Rights Society/British Copyright Council
29-33 Berners Street
London
W1P 4AA
Tel. (0207) 306 4069 -B.C.C.
Tel. (0207) 580 5544 -P.R.S.
www.prs.co.uk
The Patent Office
Harmsworth House
13-15 Bouverie Street
London
EC4Y 8DP
Tel: 08459 500 505
E-mail: enquiries@patent.gov.uk
Website: www.patent.gov.uk
or alternatively:
HMP Wormwood Scrubs
P.O. Box 757
Du Cane Road
London
W12 OAE
Tel: 020 8588 3200
Visiting Times: Once a Month! - by arrangement!
and the inevitable protection for theMouthPiece.com.. . .
Disclaimer
theMouthPiece.com and its Administration Team does not warrant or assume any legal liability or responsibility for the accuracy, completeness, or usefulness of information contained within this document regarding any copyright issues. Although we strive to make the information on copyright and relevant issues as accurate as possible, we recommend that for individual queries regarding the copyright of a work or works, rather than presume from the general information that's given here, please send an e-mail to the Performing Rights Society, who will endeavour to solve your queries.
This document: © 2004 theMouthPiece.com
