Copyright Resources

1. Creation of a completely new arrangement of a copyrighted song.
2. Adapting or altering a marching band or drum corps arrangement
3. Arrangements made from a concert band score.
4. Purchased arrangements played with added parts (for example, adding percussion where none existed).

Permission to arrange is not required if you are using a purchased arrangement as written, a completely original composition, or a confirmed public domain composition.

Permission to arrange or adapt copyrighted music must be obtained from the copyright owner or print representative prior to starting your arrangement. You should submit your permission requests as soon as you have a tentative repertoire to ensure adequate time for processing, payment, and return of formal permission. We suggest submitting requests a minimum of 8 weeks prior to arranging your music. We also encourage you to inquire about the availability of your songs to be synchronized for video recording and distribution and whether any special fixing fees, minimums or other restrictions or requirements may exist.

There are easy ways to obtain permission to arrange copyrighted songs:

1. Contact a Print Representative Online. Your request will be processed most promptly when your request is submitted to the print publisher whose catalog includes your song(s). If known, submit your request to the proper print publisher. If the proper print publisher is not known, you may use a “category request” and submit your song(s) from your show to one of the print publishers listed below for processing. Most print publishers include a list of administered catalogs on their licensing website and will send referral information for songs not included in their catalog.
2. Tresona® Licensing Exchange (tresonamusic.com). Tresona operates an automated online service for which applicants pay no fees for administration. Its library includes most works owned or managed by major studios or publishing companies.

For Popular Repertoire, submit to:

1. Hal Leonard Corporation (halleonard.com/permissions), which will direct you to Tresona® and its service.
2. Alfred Publishing Co., Inc. (alfred.com/Licensing.aspx)

For Classical Repertoire, submit to:

1. Boosey & Hawkes, Inc. (boosey.com)
2. G. Schirmer, Inc. (schirmer.com)

These print publishers represent a large amount of repertoire most often utilized by marching ensembles. You may need to contact additional companies for those few works not handled by these publishers.

3. Contact the Copyright Owner Directly. These databases provide writer, performer and publisher contact information for most published works:

ASCAP

BMI

Once you have determined who controls the licensing rights, send each holder a written request for each song using the Permission to Arrange Form prepared by the Music Publishers’ Association. Please note that many composers use print representatives such as Hal Leonard Corporation or Alfred Publishing Co., Inc. to process arrangement requests and may not respond to requests direct or my direct you to their representatives. You may need to contact the copyright owner directly for more obscure or specialized repertoire. Submitting requests is free. This option may take more time and responses from publishers may be delayed.

A composition that is in the “Public Domain” is one that is considered “under the ownership of the public.” In other words, anyone can use it for any purpose without having to obtain permission. A general rule, compositions created before 1923 are now in the Public Doman. While works in the public domain do not require obtaining a permission to arrange, many published arrangements of public domain works are still under copyright and will require permission from the music publisher if you wish to adapt them for your ensemble. However, this only pertains to PUBLISHED WORKS, and does NOT include sound recordings.

You can confirm the public domain status of compositions with the U.S. Copyright Office at the following address:

U.S. Copyright Office

Library of Congress

Washington, D.C. 20559

(202) 707-3000 – Phone

https://www.copyright.gov

Due to the modification of the GATT treaty on January 1, 1995 the copyright to the works of the following Russian composers were restored and copyright is still in effect. Permission must be obtained to adapt or arrange their compositions.

The publishers for most other foreign composers can be determined through a search of the ASCAP or BMI databases.

If you are using a copyright licensing service, you may inquire of them whether there exist any known copyright owner restrictions, prohibitions or special conditions place upon synchronization licenses for songs you intend to use in/arrange for your show. Other print rights holders/administrators from whom you may also obtain permissions to arrange should be able to guide/inform you regarding songs in their library. Generally, Music for All/Bands of America will not contract for synchronization licenses that include fixing fees or higher rates than routinely paid that or commercially infeasible or that trigger or may trigger “most favored nations” provisions increasing licensing costs for entire volumes of performances. 

Some reasons permission may be denied are:

• If the publisher or songwriter prefers not to have the music arranged in a format other than how it was originally written.
• If the copyright to the song is in dispute.
• If contractual restrictions surrounding the original creation of the music prevent additional licensing.

No. This is what would be considered under copyright law and many licensing agreements as an “Unauthorized use.” Many licensing agreements contain clauses that protect the publishers in these situations by retaining ownership, referring to them as a “Work for Hire.” You must obtain permission for the creation of the arrangement in your possession. You may not “borrow” or “buy” it directly from another organization or arranger.

What does “Works for Hire” mean?

If a work is classified “Work for Hire” or “Work Made for Hire,” then the employer (usually the Publishing company) is considered the owner of the work, not the employee (an arranger). Even if YOU, the band director, paid the fees to the arranger or YOU did the arrangement, the publishing company still retains ownership of the arrangement.

What does “Most Favored Nations” mean?

“Most Favored Nations” is a typical clause in licensing agreements that states if you (licensee) agree to pay “Publishing Company A” a higher rate than “Publishing Company B” for similar use on a project, then you must also pay “Publishing Company B” that higher rate. This is put in place to ensure the publishing companies get fair and competitive rates for the use of their compositions. 

The minimum licensing rates vary from one publisher to the next. The reimbursement fee reflects the specific minimum royalty rate charged by each publisher.

Every copyright owner has a right to protect their works, set terms of use and be compensated for the use of their works with few exceptions. These rights are not to be infringed upon any more than your right to free speech or privacy. Copyright is complicated not for the sake of being complicated, but rather to protect those parties’ interest in the ownership of their Intellectual Property.