On Mar 14, 2006, at 12:44 PM, Scott Amort wrote:
Hi All,
This is not strictly Finale related, but this seems like a very knowledgeable group to get some advice from. I was recently sent a job description for some music arranging and typesetting services. In general, I only do engraving work, so I'm not too familiar with the legalities surrounding arrangements. Basically, the contract is from a composer to arrange and engrave 12 of his own works. What set of some alarm bells for me is the following statement in his email:
The arrangement would become the property of the composer.
Is this a usual requirement? Does this mean that I am essentially signing away any claim to this arrangement (i.e. the composer will not need to credit me, nor obtain my permission to use, alter or perform it)? It seems to me that the composer is looking for someone else to do his work for him and still retain ownership, but maybe I'm just not aware of how this sort of thing usually works. He is offering union rates.
Any advice? Thanks very much.
This is a touchy affair. Also a perfectly good topic for the list.
Barring a contract to the contrary: Legally, you are not accorded any copyright on an arrangement of a work that is not in the public domain. The arrangement is considered to be journeyman's work, like the copying/engraving, and the composer owns the composition regardless. The fact that you have provided intellectual input and realisation as the arranger does not seem to be of any consequence, absent any documentation to the contrary.
Now, where things might get a little ropey is that phrase "the arrangement would become property of the composer." Normally, you would be able to retain the actual pieces of paper that you wrote the arrangement on, and if you got really mean you could hold onto them forever, depriving the composer of your work. Likewise, he could insist that you destroy it, if things really degenerated between you two. But that phrase denies you any recourse. ("Work for hire" is a strange concept to a non US resident. It might be better to get advice on this if you are entering into this in the US.)
You COULD insist that another clause be added, to the effect that your name would appear on all parts and in all programs and publicity as "Arranged by Scott Amort", and that no alteration may be made to your work without your permission, so as to avoid both having him take credit for your skill and to keep the world from thinking that you were some sort of idiot for changes that you didn't agree with. This kind of thing I put in my contracts all the time. Here are two sample clauses from my theatrical incidental music contract: (I particularly like the "typeface and position" part, having been relegated to fine print at the bottom in the past)
4. PRODUCER agrees to acknowledge the ARRANGER in all programmes as “Orchestrations - Christopher B.J. Smith” in a typeface and position commensurate with the other Designers of the PLAY.
12. PRODUCER agrees to make no changes or alterations to the Music or Sound of the PLAY after the first public performance without the consent of the ARRANGER.
It's a little tough to ask him to check with you every time he wants to get the work performed, though. You might be out of luck getting him to agree to that, and IMHO, why would you want to?
As for him wanting someone to do his work, yes, he is. I do this kind of thing all the time, and don't want to end up like Irving Berlin's nameless co-composers (because that's what his assistants were) having made this important contribution with nothing to show for it. Make sure you are properly paid and properly credited, by appropriate language in the contract.
Now that I have offered my opinion on your situation, I would like to go on a minor rant. Please skip this if you would rather not get ranted at.
On the subject of buyouts in general, I am mostly opposed to them as a concept. A few years ago I was manipulated into agreeing to sign buyouts for two video shoots of two jazz concerts I was participating in. I was balking because it was sprung on me a half hour before the performance and the wording seemed a bit draconian. The bandleader was about to break into tears because the producer said the evening was off unless EVERY musician signed. Everyone was gathered around me saying, "Sign it! Why won't you sign it?" and the producer took me aside and said, "Listen, we're going to broadcast it maybe five or six times over the next six months, and then it will be over. We just want to save paperwork. If we have to mail out re-use cheques, it will be about the same amount of money for you and a lot more trouble for us, so don't worry."
I signed.
Eight years later, the videos are STILL being broadcast regularly, they have been sold to OTHER cable chains with no additional payment to me or the other musicians, in short, we were screwed. Now, you might say, "Hey, the world is seeing you play your music, it's all good!" You can't eat that, and it wasn't MY music, it was the bandleader's. The only one to really profit from this besides the cable company (who will remain nameless except to say it was Bravo. Oops.) was the bandleader, whose name and reputation was enhanced by repeated broadcasts with the bandleader's name on it. To this day, I can't help but feel resentment that I got pressured into this partly because it was a good career move for the bandleader. My own colleague working against my best interests. I don't think that was foremost in the bandleader's mind, but it certainly turned out that way.
Since then I have consistently refused to sign buyouts. Sometimes it has cost me the gig, but so far I have never regretted the refusals. In almost every case it was a matter of the production company calculating how much they would have to pay out in projected re-use fees, against the buyout bonus (usually simply double scale) and figuring they would save money with a buyout, thus screwing me. When I was young I didn't EVER want to lose a gig, and would agree to all kinds of reductions to keep the gig. Now that I am older, I know that if I'm not losing at least a quarter of my contracts, I'm not charging enough or I am agreeing to conditions that are not advantageous enough for me.
Rant off.
Christopher
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