[Dixielandjazz] Firehouse Five Arrangements; Legal Issues

[Rick Campbell]

Dan Augustine asked: "That, however, brings up the legal question  
about unpublished but recorded performances of songs: can someone just  
transcribe what was played and sell or otherwise distribute them  
without paying a fee to the original band or writer?  What if somebody  
records you at a festival, and then transcribes it and sells it?  Is  
that legal?"

I believe that "knock-of" transcriptions violate one or more federal  
copyright laws, but I can't cite them for sure. First, the original  
songwriters need to be credited and paid if the song is still in  
copyright (or was ever copyrighted). Secondly, the arrangement is a  
copyrighted work in its own right, so the arranger retains the rights.

For some years, big bands in the Portland area have played old  
tattered transcriptions done by a fellow who wrote knock-offs  
commercially. He was prosecuted in the fifties and put out of  
business. Don't know if that would happen today because of the limited  
market for big band arrangements.

We also have a local big band arranger who is good at this sort of  
thing on a custom basis, but he usually renames the tune slightly and  
keeps a low profile. Every city probably has these underground  
arranging specialists.

Jazz musicians have been borrowing, copying and transcribing for a  
century, and most of it goes unpunished.

Of course, theoretically, anyone recording audio or video at a public  
performance should have the written permission of the festival and  
band involved. In the old days, the Union would insist that the band  
be paid a Union recording fee, and that there would be a recording  
contract. Apparently from watching Youtube, some festivals allow  
videotaping, and I am not sure that the bands have any control over  
their sound quality, production values, or distribution. That is  
another subject.


Rick Campbell
Milneburg Social Aid and Pleasure Society Jazz Band
Portland, Oregon USA
503-701-7356
ricksax at comcast.net