The question of the legality of contest music, in
particular (and all music performed by your chorus
or quartet in general) has reared its ugly head in
all Barbershop organizations in the last few years.
As a matter of information, all three groups have
compiled or are compiling informational data for their
members’ use. It is important that we all agree
to abide by the current rules and to keep the relevant
information on file in your music library or other
easily accessible location.
As a bit of history, early on in the formation of
all the organizations the necessity for legalization
was either unknown or overlooked. Would-be arrangers
of the style (probably arch “wood shedders” with
a bent for getting arrangements down on paper) freely
distributed their attempts at codifying the barbershop
style with little or no thought to compensating the
artists who had created the songs originally. Many
times the arrangements (charts) were shared with quartets
or choruses, as mimeographed or purple ditto copies.
If any of us still retain these “copies,” it
would be wise to either get the arrangements legalized
or stage a “bonfire” event -- and burn
them to a crisp!
The Barbershop Harmony Society has in place a program
through the Old Songs Library at their headquarters
to facilitate the legalization of barbershop arrangements.
On a daily/weekly basis, staff members Joe Liles and
Julie Grower work with music publishers and other
copyright owners to obtain the necessary permissions
to legalize arrangements.
If you are uncertain about the legal standing of
any arrangements on file with your performing group,
check with either of them by phone (1-800-876-7464,
ext. 4121 for Joe 110 7th Avenue N, Nashville, TN
37203-3704.
You will be asked to complete a Permission–To–Arrange
form and remit the required fee. Either Joe or Julie
should be able to walk you through the process. The
Arrangement and Reproduction form is no guarantee
that a publisher will grant permission to complete
the arrangement. For more detailed information, you
can go to: http://www.barbershop.org/web/groups/public/documents/pages/pub_cb_00050.hcsp
As the Barbershop Harmony Society states, “It
is important to know that an arrangement becomes the
property of the copyright holder, not the arranger.
If another quartet or chorus wishes to obtain the
arrangement, they must seek permission from and pay
a fee to the copyright holder. The Library and Licensing
Coordinator at Society headquarters can help you with
the order process for unpublished arrangements.
Violations could result in a substantial fine. Examples
of violations include arranging, selling an arrangement,
or photocopying without permission. Penalties can
range from $20,000 to $100,000 per copy, so it behooves
all Barbershoppers to abide by the copyright statutes.”
The Society also maintains a list of arrangers whom
you can contact to request a preview of possible charts
for your chorus or quartet. It would be wise also
to ask the arranger IF the arrangements need to be
legalized – OR -- already have been legalized
(It is better to be safe than sorry).
My suggestion? Make use of the materials already
provided by the Barbershop Harmony Society: they have
spent years developing a working relationship with
the music industry and the legalization process. Can
it cut into your chapter or quartet finances? Yes,
probably, but in the long run it is a wiser choice.
Also, make sure your individual arrangements contain
the applicable copyright information ON ALL COPIES.
That information includes: correct name of song, composer/lyricist,
original copyright date, copyright owner, and arranger.
When this information is available for all, it is
ready to be transferred to a contest form. It is also
there to prove legality.
Watch for upcoming articles on using your web site
for learning tracks and the like.
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