Copyright Question - reharmonizations
  • matthewjmatthewj
    Posts: 2,700
    I'm assuming it's completely illegal if I want to completely reharmonize Composer X's setting of Psalm X and print it in my choir's binder... am I right?
  • SkirpRSkirpR
    Posts: 854
    If it's copyrighted, probably. If you really want them to sing it in parts using your reharmonization, I think you're in a pickle.

    Of course, you could always just play another harmonization and have them sing unison.

    And remember the old adage that sometimes it's better to ask for forgiveness than permission. (But sometimes it is better to ask for permission. Usually when there's a greater chance of being caught.)
  • Adam WoodAdam Wood
    Posts: 6,482
    there are ways...
  • mrcoppermrcopper
    Posts: 653
    If Composer X used a public domain source for Psalm X's melody, then you are free to reharmonize ... sometimes Composer X's publisher isn't crystal clear about this, but a little research will show the melody is public domain.
  • ryandryand
    Posts: 1,640
    I believe that only the melody of a tune can be copyrighted. Chord progressions cannot. If you have permission to use the melody, you can put whatever you want underneath it.

    The intention of the performance factors in as well. For-profit concertizing would be viewed more sternly.
  • Adam WoodAdam Wood
    Posts: 6,482
    I believe that only the melody of a tune can be copyrighted. Chord progressions cannot. If you have permission to use the melody, you can put whatever you want underneath it.

    The intention of the performance factors in as well. For-profit concertizing would be viewed more sternly.


    None of that is really accurate. At all.
    Thanked by 1mrcopper
  • SkirpRSkirpR
    Posts: 854
    As I hinted at earlier, I imagine re-harmonization at the organ in the context of a service would be viewed as permitted. Even if it isn't, it's such a custom I would imagine it would be difficult to argue with.

    Am I correct that the problems begin when things start getting written down? And they become compounded when you start passing it out to people (i.e. your choir)?
  • Just ask. Seriously. Contact the composer/publisher and ask. The worst that can happen is they say no, or you have to pay. It's also very possible that they appreciate your forwardness and say just go ahead.
    Thanked by 2Adam Wood Kathy
  • Adam WoodAdam Wood
    Posts: 6,482
    This is not that complicated.

    PERFORMANCE IN CHURCH is copyright-restriction free. You can sing or play anything you want, any way you want, as much as you want without asking anyone permission or paying for anything at all.

    MAKING PHYSICAL COPIES OF MUSIC NOTATION is copyright protected. The same restrictions apply whether you photocopy them from a hymnal or scribble it in pencil on some manuscript paper.

    So if you want to SING a re harmonization there is nothing legally stopping you from doing so.
    If you want WRITE DOWN a reharmonization, the fact that you are writing down the under-protection melody (in, for example, the top staff of your score) is the thing that has to be done with permission.

    It would probably be too difficult for the singers to manage having the legally-obtained original on the left hand side of their folder, while seeing ATB parts without a melody on another piece of paper on the right hand side. Much too difficult. I wouldn't try that.
    Thanked by 2SkirpR Kathy
  • SkirpRSkirpR
    Posts: 854
    Adam, has anybody told you you're too creative.
    Thanked by 1Adam Wood
  • Adam WoodAdam Wood
    Posts: 6,482
    My elementary school teachers put something to that effect on my IEP.
  • Adam WoodAdam Wood
    Posts: 6,482
    (Once you accept that copyright law is an immoral pile of [insert least favorite form of farm-animal by-product here], you realize it's just a series of legal technicalities in need of loophole exploitation.)

    Oh, and I completely forgot how to make text turn purple just now. That is totally why the above, which is completely a joke and not at all how I really feel about it, is in regular black text.
  • PERFORMANCE IN CHURCH is copyright-restriction free. You can sing or play anything you want, any way you want, as much as you want without asking anyone permission or paying for anything at all.

    Very close; actually 17 U.S.C. § 110(3) provides an exception to copyright restrictions for use of "a nondramatic literary or musical work or of a dramatico-musical work of a religious nature, or display of a work, in the course of services at a place of worship or other religious assembly . . . ." What is not covered by the exemption, then, is (a) use of dramatic musical works of a non-religious nature, and (b) use of exempted works in church but outside the context of a religious service.

    The second issue is further covered under subsection (4), which provides a limited exception for some concerts and other events, but only under the following conditions: "Assuming that there is a public performance of a nondramatic literary or musical work as defined by the statute, first, the use of the work must not be for a direct or indirect commercial advantage to the user. Second, there must not be any payment of any fee to performers, promoters or organizers. Third, those attending the performance of the work must not be subject to a direct or indirect admissions charge. Conversely, if there is an admissions charge, the proceeds from the performance must be used for educational, religious or charitable purposes, rather than for private financial gain. This, however, must be further qualified by the opportunity for the copyright owner to serve a notice of objection to the performance of his or her work." Julien H. Collins III, Note, When in Doubt, Do Without: Licensing Public Performances by Nonprofit Camping or Volunteer Service Organizations Under Federal Law, 75 Wash. U. L.Q. 1277 § IV(B) (1997).
    Thanked by 1ronkrisman
  • Adam WoodAdam Wood
    Posts: 6,482
    MT- right. Obviously I meant IN CHURCH, not just at a church building.
  • Adam WoodAdam Wood
    Posts: 6,482
    Also, this:
    When in Doubt, Do Without

    is the perfect title for a chilling effects pamphlet campaign
    Thanked by 1SkirpR
  • francis
    Posts: 10,824
    I did a re-harmonization a couple of years ago to a very infamous mass setting. I was given permission to do both, compose a new harmony and print it for the choir. I have not been to confession yet on this one, and unfortunately, it still exists.
  • SkirpRSkirpR
    Posts: 854
    I did a re-harmonization a couple of years ago to a very infamous mass setting. I was given permission to do both, compose a new harmony and print it for the choir. I have not been to confession yet on this one, and unfortunately, it still exists.


    Well you obviously do not need to go to confession for the re-harmonization if you received permission. Now depending on how infamous the ordinary setting was, well, maybe that is why you feel you need to confess it.
  • francis
    Posts: 10,824
    Yes, Skirp... I, I, I... re-harmonized a setting by... I... can't... bring.... myself... to admit.... the composer. Ooooooo GOD! I am SO SORRY to have supported this banal cause... (weep, weep, weep). One minute you find yourself defending the entire galaxy and the next moment... you are SUCKING DOWN DARJEELING with... Marie Antoinette... and her little sister. Years of academy training... wasted!

    http://www.youtube.com/watch?v=D5m33zK6ZlA
    Thanked by 2cmbearer SkirpR