Tag Archive for: BMI

Getting Permission to Use Copyrighted Texts in Musical Works

/0 Comments/in , /by

For those of you who read my articles on the commissioning process, you’ll recall that one of the things a commissioning contract will typically contain is a clause stating that you’ve cleared the rights to any copyrighted text or music you use in your work. Music publishers put similar clauses their writer agreements and labels have them in their artist contracts, too.

Let’s say you’re a composer and you want to set a text by your favorite poet. If your selected sonneteer happens to be Shakespeare, Elizabeth Barrett Browning or some other person who’s been dead for several hundred years, then there’s no problem since their works are in the public domain. But what if the versifier of choice is only more recently deceased or even happens to be a living, breathing writer like you? Then you’ll need permission to use the poem. Why? Because their works are still under copyright. Setting a copyrighted text to music constitutes making a “derivative work” of that text and the Copyright Act gives the copyright owner the exclusive right to do that in Section 106. And trust me, you can’t claim “fair use” if you use a whole stanza, let alone an entire poem, for the text of your composition.

You’ll always want to get permission before you write that magnum opus. If you write the piece first, especially if it’s a large-scale commissioned work like a song cycle for tenor and orchestra, there’s a good chance you’ll find yourself in deep doo doo if the copyright owner of your chosen text just says “no,” which they have every right to do. Weeks or months of precious writing time will be wasted and you’ll undoubtedly miss the delivery deadline under your commissioning agreement. Even if you can get permission, the rights holder will be able to drive a very hard bargain on the price and may even demand a piece of the copyright to your work if they know you’ve already written your masterpiece around their poem.

So whose door do you go knocking on? It could be a publisher or a literary agent. Start with the copyright page at the front of the anthology that contains the text. Send a short, polite note to the permissions department of publisher listed for the text, explaining who you are and what kind of kind of work you wish to write. Also ask the publisher to refer you to the appropriate rights holder if they aren’t it.

As for the specific rights you’ll need, these include the right to perform your work indefinitely, to have printed music made available and to be able to record the work, both in sound recordings and in audiovisual works. You’d be amazed how often composers, thinking only about the premiere, will only get the right to perform the work for a short time and neglect to obtain, or even ask for, the necessary publication and recording rights.

You’ll also need patience and persistence. It can take anywhere from a few weeks to several months of follow-up emails and voicemails to get a response and then negotiate a deal once you get to the proper rights holder. Don’t pester and always be polite. Otherwise, you’ll guarantee a slow — and negative — response.

The publisher of the text will want an appropriate copyright notice in any concert programs, printed music or recordings. Although they’ll sometimes insist upon a portion of the writer’s share of royalties (i.e., income), you should avoid giving them a share of the copyright (i.e., ownership) in your work. Flat-fee buyouts in the range of $500-$1,500 are common, especially for choral works written for the educational market, although these fees can range from nominal (e.g., $50) to enormous ($5,000).

The process is very similar if you want to use a quotation of a copyrighted musical work. Start by contacting the business affairs department of the music publisher for the work. If you don’t know who the publisher is, you can search on the website of the appropriate performing right organization. ASCAP, BMI and SESAC all have searchable online databases for their repertoire.

An earlier version of this article was published on BMI’s Songwriter 101 web site on October 8, 2010.

Composing for Orchestras and Other Ensembles, Part 1: Getting the Gig

/0 Comments/in /by

Have you ever wanted to write a symphony, a tone poem for wind ensemble or an opera? Knowing something about orchestration certainly helps. But you should also know a bit about the business of writing these kinds of works, which like great music in any genre, has its unique twists and turns. Pulitzer-Prize winners like John Adams, George Crumb, John Harbison, Jennifer Higdon, Steve Reich and Christopher Rouse don’t simply sit down to write a 20-minute concerto on spec.

These composers are commissioned to write new works. And it’s not just a handful of Pulitzer Prizers and ivory-tower academics that get gigs to write works for string quartet, percussion ensemble or choir. Jazz musicians like Billy Childs, Chick Corea, Paquito D’Rivera, Wynton Marsalis and Brad Mehldau have also gotten commissions to write concert works and there are many rock-oriented writers who’ve crossed over as well. So whether you’ve got a doctorate from Juilliard or are just a graduate of Mom & Dad’s garage, you, too could be commissioned to write new music if you’ve got the talent and desire to pursue it.

Major symphony orchestras, opera companies like the Metropolitan Opera and Houston Grand Opera as well as presenters like Carnegie Hall commission new works. But smaller, regional orchestras, opera companies and venues also do so and are sometimes more willing to take a risk on a lesser-known composer. Conservatories also commission works for their wind ensembles and the fees they pay rival those paid by major orchestras. Individual patrons, from billionaires to your local dentist or fast food franchisee, also commission pieces.

Now you’re thinking, “How do I get me one of them commission gigs?” Classical publishers like Boosey & Hawkes and G. Schirmer have Composers & Repertoire departments with trained professionals who seek new commissions for their composers. However, organizations like New Music USA (which formed as a result of the merger of Meet the Composer and the American Music Center), which has an excellent, free guide to the commissioning process and the American Composers Forum  offer resources to assist the self-published composer.  Some organizations like Chamber Music America offer grants to classical and jazz composers to write new works. The friendly folks in ASCAP”s concert music department and BMI’s classical department can also provide guidance.

So, how much can you get paid to write that concerto for electric guitar and orchestra? The fee depends upon several factors, including the status and experience of the composer, the length of the piece and the instrumentation. A five-minute piece for sax quartet and vibes by someone straight out of Berklee won’t command as high a fee than a work for full orchestra written by a living legend like Elliott Carter shortly before his 103rd birthday.

Assuming you’re neither a novice nor a superstar, you might get paid around $2,000 for a five-minute work for voice and piano. A work for a handful of musicians that’s less than 10 minutes long might garner a fee in the range of $7,500, while that 20-minute concerto for electric guitar and orchestra might get you somewhere in the range of $30,000 or more. If you’re lucky enough to be asked to write a full-length opera for a major opera company, you could be paid well into six figures, while a one-act for a small company may get you something in the range of the fee for that guitar concerto.

Finding a patron and agreeing on the type of work and the fee is just the beginning of the process. In Part II, I’ll discuss the major deal points as well as some pitfalls to avoid.

An earlier version of this article was published in BMI’s Songwriter 101 site on July 28, 2010.