At 12:23 PM -0500 9/22/06, Don Hart wrote:
An artist has contacted me and requested a score of a yet unpublished
composition of mine. This person, previously unknown to me, appears (on
line) to be well qualified as a potential performer of the work, and I would
like to get the score to him.
How wonderful that potential performers are coming to you!!! But you
have left out too much information for our comments to be worth much.
1. Is this "artist" a conductor, and instrumental soloist, a vocal
soloist, a chamber musician?
2. For what forces is your composition written?
3. Do you have a demo to send, even if it is only a MIDI demo?
4. Are you a member of ASCAP, BMI, or SESAC (which would take care
of the performance rights question)?
5. When you say "yet unpublished" what is the possibility of
publication in the future, and if you are in negotiation with a
publisher would this have any negative effect on that negotiation?
I seek advice on the following:
- Is there an advantage in sending either a pdf or a hard copy?
The single advantage to pdf, I believe, is quickness and ease of
sending. As others have pointed out, it is possible to restrict e.g.
printing, but what would be the point if your artist needs to print
it to try it?
- What options are available, other than placing a copyright notice on
the work, to help restrict the use of this score to the stated intent
of this artist (consider the piece for performance)?
The copyright notice establishes your ownership of the work. All
else follows from that.
One thought I had was to put some sort of watermark, or the like, on several
pages of the score. Has anyone done this? Is there some way to do this in
Finale so that it would show up and print out in pdf form?
And this would accomplish what? I don't mean at all to be sarcastic,
but I see no advantage to you in any way. Perhaps I don't understand
your use of the word "watermark," which is certainly NOT a watermark
at all in the historical sense.
This appears to be a very legitimate request and I have no reason to suspect
that this person is being dishonest in any way. I want to be helpful and
appreciative of his interest, but I don't want it to seem like I'm ready to
give my music away for free, which I'm not.
Noel's thought of offering perusal pages but not the complete score
may indeed have merit, and you should at least ask whether that would
be acceptable. But what no one has yet suggested (and what is the
simplest way to handle this) is simply to prepare and sell a copy of
the music to this person at the price you consider reasonable. Of
course that in itself may constitute "publication," if there is any
significance to that (anyone know?). But you can certainly state
(and for heaven's sake include it on the score, just below the
copyright notice) that rights for first performance and first
recording are reserved but are open to negotiation.
I can fully understand your ambivalence over wanting a performance
but also wanting not to give away your music for free, but you've
already stated that the latter is important to you, so take the
businesslike approach.
John
--
John & Susie Howell
Virginia Tech Department of Music
Blacksburg, Virginia, U.S.A 24061-0240
Vox (540) 231-8411 Fax (540) 231-5034
(mailto:[EMAIL PROTECTED])
http://www.music.vt.edu/faculty/howell/howell.html
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