Question about transcriptions

[Tobias]

Hello,
I did a lot of transcriptions of trumpetsolos over the past years.
I uploaded some at scribd. Yesterday I got a message that one transcription was removed due to copyright issues. I wasn't aware until yet that there's a problem. I thought that I can do a transcription without asking the player if it's okay for him.
Can someone tell me the legal background?
Thank you.
Tobias
_________________
Conn Connstellation 38b
Olds Special (1954)
Getzen Eterna
Flgh Bach Strad 183

https://www.youtube.com/channel/UCu_ROyOxKhTAa_45c8H93lQ

[kehaulani]

Tobias, I believe there's a difference between your personally transcribing a performance for your own use and your offering it for sale or distribution.
_________________
"If you don't live it, it won't come out of your horn." Bird

Yamaha 8310Z Bobby Shew trumpet
Benge 3X Trumpet
Benge 3X Cornet
Adams F-1 Flghn

[JayKosta]

And it might depend on the 'source' that you used as the basis for the transcription. Especially if the source has copyright protection.

Jay
_________________
Most Important Note ? - the next one !
KNOW (see) what the next note is BEFORE you have to play it.
PLAY the next note 'on time' and 'in rhythm'.
Oh ya, watch the conductor - they set what is 'on time'.

[Yamahaguy]

Interesting...I suppose a performer could claim that it's personal property and
you need permission. If you are selling them than I would presume they would
want compensation? However, if they are free then the only thing I can think
of is if you included a transcription of the melody in which case the composer
would have a legitimate complaint.

[Tony Scodwell]

From my experience having my "Big Band Classics with Tony Scodwell" published by Hal Leonard, I can safely tell you that an arrangement cannot be copyrighted. It seems that would apply to an improvised solo as well but the pitfalls come into play with the owner of the song title rights. That is now being policed by a law firm named Tre'sona who has become the "Performance Gestapo" going so far as to sue the Burbank High School choir directer for re-arranging a published arrangement without permission. The good news is that lawsuit was overturned this year but continues affecting every musical performing group or soloist. For example, our Las Vegas Philharmonic had to pay $1000 to perform two Christmas songs at the last holiday concert. My own concert with the Racine (Wisconsin) Symphony was scrubbed as the music director was afraid Tre'sona would come down on them for the thirteen pieces I was to play on standards arranged for me. Tre'sona is saying all songs written from 1927 on with song title rights owned are subject to performance fees.

Google Tre'sona and be amazed at what's going on. Pops programs and little guys like me are out of business until something gets settled.

Tony Scodwell
www.scodwellusa.com

[kehaulani]

Tobias, where was this? There's a difference between ASCAP and BMI, and GEMA. I can't speak towards Tre'sona.

In my experience, GEMA is much tougher although, I've not had an experience with Tre'sona. Whenever I had a question about copyright, I didn't contact GEMA because of bureaucratic run around but just asked my publisher. But gain, depends where this was.
_________________
"If you don't live it, it won't come out of your horn." Bird

Yamaha 8310Z Bobby Shew trumpet
Benge 3X Trumpet
Benge 3X Cornet
Adams F-1 Flghn

[mbauer]

There's some misinformation and some oversimplification of things in this thread.
For something to be copyrighted, it has to essentially be original, and it has to be in some sort of tangible form. Therefore, anything that you'd transcribe has, at least at some point, been protected under copyright law. No registration as a copyrighted work is necessary.
Regardless of whether or not you're profiting off of the transcriptions, the holder of the copyright, often a publisher, sometimes an individual, holds the sole legal right to reproduction and distribution in any form with rerecording as a sort of exception (but that's a whole other story).

To distribute copyrighted material you need permission from the copyright holder, plain and simple. If you'd like to do so, go ahead and ask from permission. The worst they can say is no.

To Mr. Scodwell's point, a derivative work (arrangement) may be copyrightable, but you must be granted a license from the original owner and only the changes and additions are copyrightable.

While this does make things difficult for us at times, these laws protect songwriters and their intellectual property. I do believe they've done a lot more good than harm.

Edit: But yeah it is crappy to sue a high school.

[OldHorn]

Any music commercially released is under copyright. This includes improvised solos. And arrangements of songs can certainly be copyrighted.

I work as a music engraver for US publishers, and anytime I engrave an arrangement, there's always something like this in the copyright.

© 1982 by XYZ Music
This Arrangement © 2020 by XYZ Music

I've never seen an arrangement where the copyright is owned by the arranger. I'm not saying it can't occur, just that I haven't seen it in my lifetime.

Regarding improvised solos, take Bill Evans for instance, when he recorded a standard, and also improvised, that performance is under copyright.

Each year new songs lose their copyright and become public domain. In the US, on Jan 1, 2020, any song which was copyrighted before Jan 1, 1925 will become public domain. There are exceptions to this, but this is a general guideline. On Jan 1, 2021, any song copyrighted before Jan 1, 1926 will become PD. And it continues like this each Jan 1.

As Kehaulani said, if these transcriptions are for your own use, it's not a big deal. But once you distribute or sell it, things change.

[Jaw04]

I would like to know how Scribd functions legally, because it seems to me a lot of things on it are illegal.

[craigtrumpet]

[kehaulani]

It is not O.K.
_________________
"If you don't live it, it won't come out of your horn." Bird

Yamaha 8310Z Bobby Shew trumpet
Benge 3X Trumpet
Benge 3X Cornet
Adams F-1 Flghn