[Dixielandjazz] another question - another answer

[Don Ingle]

Kimberly: Re your question.
It is something called, "Work for Hire." An arranger is hired to write a
chart, is paid for this work, but it is on a "work for hire" basis.
Therefore the employer who hired you has bought the rights to the
arrangement - ergo: no royalty to the arranger.
Since most major labels, studios, etc, hire such work done, they avoid
royalties to the arranger who was paid under :work for hire." Writers today
face this same problem. Most major magazine will not buy stories, features,
etc, except under an all rights contract, thus making this a one time
payment, with the magazine or publication then  able to re-run, sell to
others, and control all future uses for profit while the writer only gets a
one time payment. Among members of most journalism organizations this is a
major area of past and future battle lines. But such entities as NY Times,
Knight-Rider, Hearst and other major publishing companies, work for hire
contracts are the only way they will buy. It is up to the  creator to get
the best deal they can up front in such cases as that is it.
If you can avoid a work for hire assignment, do so. Chances are slim if you
deal with a major.Exception exists - certain big names, major talents with
enough  name clout do retain residual rights -- e.g.: John Williams, Randy
Newman, etc.
But we mere mortals have to take it one deal at a time and pray we deal with
a fair client.
Don (music biz is slow but the writing picks up the slack) Ingle
----- Original Message ----- 
From: "Kimberly Shaffer" <kimberly_shaffer at pgn.com>
To: <dixielandjazz at ml.islandnet.com>
Sent: Monday, September 20, 2004 6:07 PM
Subject: [Dixielandjazz] another question


Here's the thing I still can't seem to figure out:

How do I register an original arrangement of someone else's composition
so as to get publishing rights?

Example:  John Q Songwriter writes a song.  He copyrights that song
with the US Copyright office.  30 years later, Paul B Arranger writes
and records a new rendition of the song.  The new arrangement
completely reworks the style and instrumentation.  The melody is still
recognizable but it is different enough to be considered a "derivative
work" by the copyright office, and thus copyrightable in its own right.
  When the song gets played on the radio, John Q Songwriter and his
publishing company obviously get a share of the royalties -- but Paul B
Arranger feels his contribution to the song was unique enough to
warrant a share of the royalties as well.  How does this work?  How do
the big studios do it?



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