[Dixielandjazz] Firehouse Five Arrangements; Legal Issues

[rahberry at comcast.net]

I make videos and I ALWAYS have the permission of the festival director and each and every bandleader. 
I also offer to take down immediately from You Tube anything the bandleader doesn't like. 
-- Rae Ann 


www.sfraeann.com 
www.youtube.com/sfraeann 


----- Original Message -----
From: "Rick Campbell" <ricksax at comcast.net> 
To: rahberry at comcast.net 
Cc: "Dixieland Jazz Mailing List" <dixielandjazz at ml.islandnet.com> 
Sent: Wednesday, November 30, 2011 1:31:21 PM 
Subject: Re: [Dixielandjazz] Firehouse Five Arrangements; Legal Issues 

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about unpublished but recorded performances of songs: can someone just 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 

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