Getting the rights for an arrangement

[Sebbe]

If I've written an arrangement, how do I get the rights to sell it? I assume the rules are about the same in the US (where most of you live I think), as here in Sweden. I need to get the rights from the copyright holder to be allowed to sell it, but how do I get in touch with them? I've for example written a big band arrangement on My Romance, by Richard Rodgers. I don't know who has the rights for it though. I don't really understand the copyright notice in "The New Real Book" This is what is says about My Romance "C1935 T.B.Harms Co. "Copyright Renewed. c/o The Welk Music Group, Santa Monica, CA 90401. Authorized Selling Agent in Japan: High Note Publishing Co., Ltd. Used by permission of JASRAC License #8670719. International Copyright Secured. All Rights Reserved. Used By Permission."
Who do I contact?

[gary]

Sebbe, do you want to sell it to individual bands yourself or to a publisher? If it's to a publisher, they will take care of all the legal matters.

Just a word of warning if you want to sell it yourself. These kinds of copyright clearances are hard to come by for individuals. Furthermore, if you are selling directly, your control over illegal copying and redistribution is practically nil, unless you are willing to pay all the lawyers fees, etc personally.

Although I wouldn't recommend it or never do it myself, there is something to be said about selling the arrangements under a pseudonym and out of the back of a slow moving van. :D

I don't want to discourage you from doing it alone, just to raise these matters. Sometimes it's more profitable to have a publisher take care of everything. You get some money up front and you've got probably a wider distribution network with a good publisher than you will by yourself, therby selling in a larger volume. Your income will not come from the publisher but from royalties and a wide distribution network as well as national or international advertisements from a publisher make that more profitable for most.

[Sebbe]

Thanx for the tips and info.
I have a question though. If I have my own publishing house (I think that's the english expression), how do I then do to get it? Is it just as complicated? My father has published several songs on his own publishing house, but only his own.
And about the illegal copying. I know it will be out of control either way.

[saxmanglen]

You may try contacting Walrus Music near where I live. I know they do publish charts for people. Danny, a trumpet player, who plays in a band I play with on occasion, is the owner. Here's a link:

http://www.walrusmusic.com/

[Sebbe]

It would be much easier to deal with a publisher here in Sweden I think. I'll consider it though if I can't find any. Thank you!

[gary]

Sebbe - the last time I was considering self-publishing, I asked an aquaintance in a music publishing house how they handled the clearances and he said there was one central company that they sent all their requests to vs getting publishing permission from each copyright holder individually.

I do not recall if it was an international agency or German, sorry, but maybe you could find someone in a Swedish publishihg house who wouldn't mind sharing that information with you. Sorry I can't be more specific.

[Sebbe]

Thanx for the information Gary! I'll ask some Swedish publishers.

[Riff]

contact the Harry Fox agency. (www.harryfox.com -I think)
This agency handles almost all the liscencing in the US. However, there is another, similar agency that controls European copyright. Harry Fox should be able to direct you to them, and in turn they can direct you to the European copyright holder.

[Straightsax]

Let me respectfully disagree here. At least as far as it goes in the United States. Getting a work published and having a work copyrighted are two different matters. The person or entity that gets the work copyrighted holds the copyright. It is not uncommon to go to a publisher and submit a work and the publisher winds up with all the rights. This is usually contained in the contract between the author and the publisher, aka the fine print. In the event the work become popular, the publisher gets all of the royalties and can even sell your work to other publishers. All you get is whatever the terms of the original contract provided for between you and the publisher that copyrighted the work.

Consequently, if a composer copyrights the work before going to the publisher, then the composer maintains his or her original rights to the work. The rights can be assigned to the publisher via a contract and can be used as a bargaining tool. However, at all times the composer owns the rights to the work at all times. Those rights can be assigned for a specified period of time. The publisher then becomes the copyright administrator, rather than the owner of the work. It’s called protecting yourself. One cannot assign right for consideration to a publisher that one doesn’t have to begin with.

The second area of disagreement, which may only apply to those in the United States is that it is difficult to copyright a work. Not in the U.S. All one needs is $30.00 and the forms from the Copyright Office in Washington, D.C. which are available on the Internet, WITH INSTRUCTIONS. As far as other countries, I can’t tell you, except to say that it might be worth your while to investigate the procedure with the applicable government entity. Publishers would like you to think it is difficult because they want to copyright the work and become the holder of the copyright.

Here is the link: http://www.copyright.gov/

This site is loaded with information on how to copyright a work, if one choose to take the time to read it. You do not need a lawyer to fill out the paperwork for you.

Last but not least, publishers are in the same position that you are when it comes to hiring lawyers to pursue copyright actions. Unless a major entity with deep pockets infringes upon your copyright, don’t expect anyone to protect you. The publisher is there to make money, not lose money of some petty copyright case. If some entity has deep pockets, most copyright lawyers will take it on a contingency.

Don’t be too quick to give away the store. If the darn thing goes platinum or titanium all you get is what you where originally paid for in the original contract, before the work became popular, which is probably pennies on the dollar. For $30.00 bucks you can protect yourself.

Agency or publisher, they are not going to do it for free, and will probably be more expensive than doing it yourself.

Just my $.02. and some food for thought.

[Riff]

In the event the work become popular, the publisher gets all of the royalties and can even sell your work to other publishers. All you get is whatever the terms of the original contract provided for between you and the publisher that copyrighted the work.
This statement is somewhat misleading. Yes, it can happen but that's why you need a lawyer when signing with a publisher. The standard publishing agreement states that the publisher will promote the author's work and royalties will be split 50/50. The publisher may sell his administrative rights anytime but only his 50% worth. The author's 50% remains with him. This often occurs when a work copyrighted in the US is offered for sale in Europe. A European copyright must be obtained and then the European publisher receives 25% of European sales, the US publisher receives 25% of European sales, and the author gets his full 50% of European sales. U.S. sales are unaffected by this agreement and remain at 50/50.

The variations on this theme are endless and can be negotiated ad infinitum. Superstars like Michael Jackson or Paul McCartney might be able to negotiate a larger percentage for themselves but your average author will get the 50%. If your publisher wants to give you less than 50% find another publisher.