John, as usual, lays it out in very clear and direct language.
He makes it clear (as I didn't) that you don't have much in the way of
rights unless you work it out beforehand.
Now, whether or not you WANT to do things this way is what I was trying
to communicate, and what John addresses in his last paragraph. In some
ways, the law as applied to music is a bit of an ass.
Christopher
On Mar 14, 2006, at 3:33 PM, John Howell wrote:
At 12:44 PM -0500 3/14/06, 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.
Unless I'm wrong, any arrangement or other derivative work of a
copyright work done for hire is automatically and by law the property
of the copyright owner of the original work (which may or may not be
the composer). For you to have any rights, they would have to be
spelled out in writing in a legal contract.
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)?
Yes, it is usual. He is simply spelling it out clearly. And you
aren't signing away anything. You don't HAVE any rights in a work
done for hire, unless you negotiate them. You could, however,
negotiate for credit as the arranger on the printed music, which is
quite a separate thing from copyright ownership.
It seems to me that the composer is looking for someone else to do
his work for him and still retain ownership,
Yes, that's a pretty good definition of "work for hire."
but maybe I'm just not aware of how this sort of thing usually works.
He is offering union rates.
Now THAT'S what would set off alarm bells for me. Forget union rates;
the question you need to answer is whether what he's offering is worth
your time and trouble. (And of course arranging and engraving are two
separate jobs, and should be paid as such.) If it is, fine. If not,
make a counter-offer. If he doesn't go for it, you've saved yourself
both time and trouble. If you want the job and future jobs and he
gives you arranging credit, as he should, then take his best offer.
Simple.
_______________________________________________
Finale mailing list
[email protected]
http://lists.shsu.edu/mailman/listinfo/finale
