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Posted

I have a question about giving appropriate credit in a musical program.

A man approached me to:

1) "Assist" him in creating original music for a musical

2) Direct a cast to sing the music while he directed them in their dance and scene work

3) Perform the music live and play the character of Raconteur during the run of the musical.

He had already written the lyrics for the musical (around what he called "dummy melodies"). He had an idea of what genre each song would be, and could (for most songs) sing (or more often hum) the melody he had in mind. He didn't know what key they were in, and rarely stuck to one key when he presented them to me. I had to hear him several times to figure out which notes he meant to hit.

As I created the specifics of the songs he had not addressed, I would create or change his melody, key, rhythm, tempo, add harmonies, add instrumental sections and orchestrate the songs. The writing process consisted off me deciphering what he wanted, improving on it, and running it by him for his approval with as little composer jargon as possible, as it confused him. He would often change his lyrics to fit my melody. He would sometimes accept my suggestions for lyric changes. It was fun. Until...

He showed me the program a few days before opening night. In it he was credited as the writer, director and composer. I was credited as the music director and the Raconteur.

I told him that I should have a composer credit as well because I did the composing work. I explained that, although he was correct to credit me as the Music Director, I was not only the music director because he didn't just show up with sheet music for me to direct; I created the sheet music with his approval. I suggested that I should either get the Composer credit or at least a Co-Composer credit. He gave me neither and kept the program as it was. He won a musical competition with the musical. He gave himself full creative credit to the judges, the audience and the papers.

Not long after the run, I found out that he told some people who had inquired that I had nothing to do with the composing process at all. They were surprised when he told them that he had created the music himself because they knew that he had never had any instrument training in his life.

I feel like I was taken advantage of. Although it is too late to change what happened, I'd appreciate an educated opinion on how the credit should have been assigned so I won't get screwed again.

- Sean

Posted

Perhaps next time when your help is enlisted, if you feel that any of your intellectual property could potentially be compromised, come up with some sort of agreement and have him sign it. Then if he doesn't give you due credit, you can take him to court. In the agreement say what you are going to take responsibility for etc. And make sure the language is very very clear. "I will assist in arranging and composing the score" etc.

Posted

That's a shame. He swindled you out of the credit you deserved.

He's what David Spencer described as a "hummer" composer, that merely creates melodies with no real experiences at all. Mel Brooks recently did something like that for his show "The Producers" Now, that person is entitled to place their name as composer, but so are you, and actually, you could initiate a legal battle over this. But it seems that this show hasn't really made money yet, so it might be smart to just take this as a really painful lesson, get the legal business out of the way beforehand.

You might enjoy some of the talks about this subject over at the Yahoo Group, musicalmakers. There's a lot of people more knowledgeable about the subject than I am, and they just had a discussion a few months ago about something like this. I suggest you check it out.

Posted

Do you have any proof to support your case? If so, perhaps you should consider some sort of legal action.

This reminds me of an article I once read about Danny Elfman. Apparently he does not orchestrate his own works, yet it seems that he receives all of the credit for it. Perhaps this is a similar case, which would mean that you should be credited as the arranger or orchestrator instead.

Guest Bitterduck's Revenge
Posted

Unless there is money in there, I wouldn't get a lawyer. The cost of hiring one and then taking to court really outweighs everything else.

Posted

Unless there is money in there, I wouldn't get a lawyer. The cost of hiring one and then taking to court really outweighs everything else.

That depends on whether the work was so well recieved that more is likely to be commissioned.

Guest Bitterduck's Revenge
Posted

That depends on whether the work was so well recieved that more is likely to be commissioned.

It is really doubtful that it will be. Besides since he will be the person sueing, the burden of proof is on him to prove he wrote it. Even if the piece is commissioned, does the money being made out weigh the money you'll pour into the lawsuit? Sometimes it is better to just forget something and learn from an experience.
Posted

It is really doubtful that it will be. Besides since he will be the person sueing, the burden of proof is on him to prove he wrote it. Even if the piece is commissioned, does the money being made out weigh the money you'll pour into the lawsuit? Sometimes it is better to just forget something and learn from an experience.

True. Besides, should another work be commissioned, a thoughtful composer may do his homework on the person commissioning the work. It is a sticky question though. How do you protect your time and effort - not to mention (in some cases) years of study and training being stolen by someone else in such circumstances?

Guest Bitterduck's Revenge
Posted

Write a contract. Do not do work without an agreement of some sort on paper that is signed. The more professional the level, the more professional of a contract. Also have a witness there when they sign the contract. Keep detail records of your progress and such. This is a business. Conduct yourself like one. You wouldn't fix a roof without a contract, nor should you compose for someone without one.

Posted

I'd personally say, keep an autograph copy of the score, especially if you wrote the work originally on manuscript paper. After all, who would you trust wrote the music, the one with the score printed electronically, or the one who wrote out the entire thing? If there was a large sum of money hanging on "who wrote it," I don't know any easy way to prove it was yours, except an autograph score. Even then, the defendant could say that you copied their printed score.

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