On Mar 15, 2006, at 10:46 PM, John Howell wrote:
At 12:41 PM -0500 3/15/06, Phil Daley wrote:
2. I take an SATB choral piece and arrange it for TTBB.
This is a little trickier. There is a Fair Use provision allowing you
to "edit or simplify" legally purchased music. (Those may not be the
exact words, and using this provision to do an end run around the
arranging permission requirement might land you in court. Or it might
not, especially if the publisher does not offer a TTBB version.)
Seriously, though, do you really think any publisher is going to go
after a local musician adapting legally bought arrangements for his own
use? I have never heard of such a thing, ever. The only case that comes
close is Jerome Kern's estate forcing Maynard Ferguson to recall his
recording of "Old Man River" because they considered it to be
tasteless, and they used the lack of formal arranging permission as
technical leverage. I'm not even sure the estate would prevail in
today's courts, as permission to arrange is largely considered to be
assumed when you pay the statutory re-recording license.
Christopher
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