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Posted

Hey all,

I didn't know whether or not to put this in the "suggest a work" forum or here, so, if it's wrong, please move it ^^

Anyway, I wanted to hear some suggestions for some beautiful works of music you all know of and could put down here. This could be orchestral, choral, solo, ensemble, anything of any genre. I'm looking for something to arrange for brass choir for our solo and ensemble this year.

Just one quick note- I'm not doing Nimrod :P primarily because we're marching that for our ballad this year, it wouldn't happen to play it AGAIN for solo and ensemble :P

thanks!!

Mathieu

Posted

Because you're doing it for a very public venue (Solo and Ensemble), you may want to get some opinions from people who know (your band director, namely) on how legal an unauthorized arrangement is, if you're thinking of doing a non-PD work.

Coming up a little blank on the suggestions. Just about any of Eric Whitacre's works (he's still alive, btw) would fit that bill.

Posted

Because you're doing it for a very public venue (Solo and Ensemble), you may want to get some opinions from people who know (your band director, namely) on how legal an unauthorized arrangement is, if you're thinking of doing a non-PD work.

Coming up a little blank on the suggestions. Just about any of Eric Whitacre's works (he's still alive, btw) would fit that bill.

well, i haven't decided if i want to arrange something from brass choir or for full band for our spring concert, but either way it's legal (especially if the copyright has worn off, like Elgar's Nimrod for example) because I'm not getting paid for it. In the community band I play with from time to time, the director arranges stuff like Pirates of the Carribean, Star Wars, and other pops concert type music to fit our orchestration better and it's legal, we don't get paid and she doesn't get paid.

Posted

(off topic, so ignore me....)

... it's legal... because I'm not getting paid for it. In the community band I play with from time to time, the director arranges stuff like Pirates of the Carribean, Star Wars, and other pops concert type music to fit our orchestration better and it's legal, we don't get paid and she doesn't get paid.

I don't think it works that way...

:whistling:

Posted

Erm...it...doesn't quite work that way...I'd go so far as to say the movie music especially is very likely quite illegal.

Please, talk to your public school (?) band director about your arrangement ideas to be sure. Community bands have a tendency to take advantage of the grey areas of copyright. Your director (who has to deal with arrangements and public performances that may or may not be recorded) will probably have a good, authoritative word to give you about it.

especially if the copyright has worn off, like Elgar's Nimrod for example

Such works are "PD" (Public Domain), I am not talking about PD works.

Another suggestion: Claire de Lune, Debussey.

Posted

Ugh... copyright.

It's a derivative work, get over your paranoia people.

I wrote a derivative work, a medley of When You Wish Upon a Star and Someday My Prince Will Come (the Baritone soloist was a guy, too, which was really funny), and it was performed about a dozen times at football games and band festivals. Did I get sued? Nope. Did anyone care? Of course not.

IF someone decided to sue me, what grounds would they have? Did I violate copyright? Nope. The work was neither published nor licensed, so I technically don't "own" it anyway. There's a great deal of flexibility here because A) it's an educational environment, B) it's NOT written to be heard in a film or movie theater, and C) it's a derivative work in a Disney Themed marching band show. Beyond that, the only chance you'd have of even seeing some legal response is if you approach a publisher with the work, which wouldn't even be an issue because the publisher that licenses the work would ultimately become the "owner" of the work anyway - at least the way things seem to be going nowadays.

If anyone's getting sued, it's the publisher that licenses the derivative work without permission from the copyright holder (at which point, the copyright holder would probably need to show some kind of valid reason instructing the court to not allow the derivative work to be licensed). In effect, unless the copyright holder can show valid cause of harm to his original work (i.e., defames the work or the original artist of the work) then there's very little reason a derivative work should be denied licensing to its arranger. But that's more or less a decision for the publisher than the composer, though sometimes the composer is required to request permission from the copyright holder for the publisher before the work would be published. This is all very tedious for the publisher anyway, so have your ducks in a row if you want to publish the work.

But back to my point, ALL of these factors make the even remote possibility of a lawsuit frivolous. So, assuming the plaintiff brings the case knowing they don't have a case, which leaves me the right to file a counter-suit against the complaining party for filing a suit they know to be frivolous... I end up getting my attorney fees paid, possibly even reaching a settlement even more in my favor when the dust settles... it's a no-win for copyright holder especially when the extremely negative press like "Family Company Disney Files Frivolous Lawsuit Against Small Town School Band Program's Half-time Show" hits the papers.

Don't be bullied around by copyright when you're arranging something for your band. People, stop being so paranoid and be reasonable. Disney got free advertising and name recognition without even lifting a finger. There's no reasonable expectation to think copyright would ever be an issue here unless you're attempting to license the work and make your "ownership" of the intellectual property official. Think of what you're doing as a "fan-made" arrangement for your group. Plenty of fan-made videos out there on youtube are entirely legitimate and legal because they are derivative works which just so happen -help- the original artists in the process by creating a larger, viral market. Be sensible about it... it is in no one's interest for the entertainment industry to come after you for a derivative work in a court battle they know they can't win, facing possible judgment against them for bringing a frivolous lawsuit against you, AND creating negative publicity when they aren't even paying for the viral marketing you're promoting in creating the derivative work in the first place.

Paranoia. Sucks.

Posted

Duuude!

Calm down, friend!!

I don't think anyone was saying that he will get arrested and sued, cease and desist ...

My point is that the words "it's legal" can not be applied if you're arranging someone elses music without consent.

Blah blah blah - You're right, it's tru that no one cares...nor will anyone do anything about it... but it's not legal.

Paranoia?! No one's actually paranoid....just trying to dispel the notion that it's perfectly fine to steal other people's music.

:dunno:

Posted

What is all this about ? I thought was about listing "Beautiful Works"...

Gorecki - Symphony No.3 , I know many people find it depressing, boring etc, but for me is a beautiful work.

Posted

Some pieces of music which I find incredibly beautiful which may or may not fit your purposes:

Victoria - O Magnum Mysterium

Dvorak - Romance in F minor

Elgar - Cello Concerto in E minor, first and second movements

Beethoven - Symphony #7, second movement

Bach - Fugue in G minor "Little fugue"

Mozart - Lacrimosa movement from his Requiem

Berlioz - Offertorium Requiem

Vivaldi - "Winter" concerto from the four seasons

Just a few off the top of my head.

Posted

Ugh... copyright.

It's a derivative work, get over your paranoia people.

I wrote a derivative work, a medley of When You Wish Upon a Star and Someday My Prince Will Come (the Baritone soloist was a guy, too, which was really funny), and it was performed about a dozen times at football games and band festivals. Did I get sued? Nope. Did anyone care? Of course not.

IF someone decided to sue me, what grounds would they have? Did I violate copyright? Nope. The work was neither published nor licensed, so I technically don't "own" it anyway. There's a great deal of flexibility here because A) it's an educational environment, B) it's NOT written to be heard in a film or movie theater, and C) it's a derivative work in a Disney Themed marching band show. Beyond that, the only chance you'd have of even seeing some legal response is if you approach a publisher with the work, which wouldn't even be an issue because the publisher that licenses the work would ultimately become the "owner" of the work anyway - at least the way things seem to be going nowadays.

"the director arranges stuff like Pirates of the Carribean, Star Wars, and other pops concert type music to fit our orchestration better."

The situation stated by the person I was talking with is strictly reworking a copyrighted piece for different instrumentation for public performance. If the director put his/her name on the piece in this case AT ALL, they have violated copyright.

Also, just about any major film music has hefty stipulations about how it can be used. My uni director wrote an AMAZING arrangement of the Chase Scene music from Indiana Jones, and there was a strict stipulation that the piece is not allowed to be performed in any venue other than the university.

But you're right, this is a very grey area. There are a vast array of copyright issues that are technically illegal, but you will definitely get away with them, particularly when there is no money involved.

Still, you'd do best to go ahead and let your director be the one to tell you how to handle things, so you have him to back you up, if nothing else than for your own peace of mind. Pieces played for solo and ensemble (at least in this state) must be on a list of prescribed music. Such a list would feasibly constitute published status.

Posted

Blah blah blah - You're right, it's true that no one cares...nor will anyone do anything about it... but it's not legal.

Paranoia?! No one's actually paranoid....just trying to dispel the notion that it's perfectly fine to steal other people's music.

:dunno:

Interestingly, I had an insightful conversation with my wife (attorney). She dispelled a notion I should clarify here.

So, proof in a civil action involves proof of a "wrongful act" and "damages." Technically, you're correct that creating a derivative work without permission is a "wrongful act" and, therefore, not legal. On the grounds of establishing a "wrongful act", a civil action could go to a jury. It would not be considered "frivolous" by the court (and I'll point out the ridiculousness of this in just a moment). There wouldn't be grounds for a counter-suit on those grounds as I initially thought. EDIT: I'm continuing this post in the Composers Headquarters as a new topic. We're going to put the Copyright debacle to rest here on YC.

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