You can’t even begin to describe the effect this particular song has on you. Something about it resonates at your very core. The powerful lyrics take you back to one of your happiest moments, so no surprise you’ve got the song on repeat. As a music creator yourself, you often find yourself making your own creative tweaks to the song’s infectious melody as you hum or play it on your keyboard/guitar. Then it hits you, why not arrange and record your own version of the song? The internet is filled with arrangements, covers and adaptations of existing songs so you’re guessing there isn’t much to it and that you can simply create and release your own arrangement without concern, right?

Actually, not necessarily and in most cases the answer is no, not unless you’ve received permission from the copyright owners of the song if it is a copyrighted work. Lawyer and Professor Serona Elton, Esq says the specifics and requirements related to performing, recording or releasing an arrangement of an original  music work depend on factors such as:

• What is the type of arrangement
• What is the purpose
• Is the Work Protected

The above noted factors are expounded on in detail by Elton in her article entitled “Musical Arrangements and Copyright Law.” She also provides various scenarios related to the uses and purposes of arranged works, offering for each scenario what type of permission and/license must be obtained as well as the rights of the arranger in the various situation.

We highly recommend that you take a read of Elton’s “Musical Arrangements and Copyright” as we are certain the information she provides will aid in you taking the necessary steps to avoid finding yourself in a detrimental copyright infringement case. In fact, Elton, in the article reminds and warns us that “not understanding the right type of license to get, or how to get one, is not an excuse to commit copyright infringement.” So we urge you educate yourself.  You can access the article HERE. 

The basic fact however is that permission must be obtained in order to arrange a copyright work. The nature of this permission will vary depending on the type of arrangement as well as the use of the arrangement. It is also important to note that being granted permission to proceed with an arrangement of copyrighted work does not immediately entitle the arranger to copyright ownership and/or royalty earnings in the arrangement. Rather this factor would be addressed and negotiated when seeking authorization to proceed with the arrangement, says Elton.

Meanwhile Elton notes that no permission is needed to make any type of arrangement for any purpose of work which exist in the public domain (i.e original music work which is no longer entitled to copyright protection.) Elton offers that “the arranger, in this case, is entitled to claim copyright protection for their new arrangement.”

Below we provide guidelines from ECCO’s Distribution Rules, regarding arrangements of musical works.

“Where an arrangement of a copyright musical work is made, no share is allocated to the arranger unless the share is established according to any agreement, in writing, between the copyright owner and the new arranger.”

“Where an arrangement of a public domain work is made, shares are allocated, as follows:

• “Unpublished arrangement without lyrics (or with public domain lyrics):

Arranger     50%

Non-copyright element (returned 50% to distributable revenue)  

• Published arrangement without lyrics (or with public domain lyrics)

 Arranger     25%

Publisher     25%

Non-copyright element (returned 50% to distributable revenue)  

• Unpublished arrangement with unpublished copyright lyrics:

Arranger     25%

Lyricist     50%

Non-copyright element (returned 25% to distributable revenue)

• Unpublished arrangement with published copyright lyrics:

Arranger     25%

Lyricist     25%

Publisher     25%

Non-copyright element (returned 25% to distributable revenue)

• Published arrangement with unpublished copyright lyrics:

Arranger     12.5%

Lyricist     50%

Publisher     12.5%

Non-copyright element (returned 25% to distributable revenue)

• Published arrangement with published copyright lyrics:

 Arranger     12.5%

Lyricist     25%

Publisher     37.5%

Non-copyright element (returned 25% to distributable revenue)”

References:

https://www.tmea.org/assets/pdf/southwestern_musician/MusicalArrangementsCopyrightLaw_Jan2011.pdf

ECCO Distribution Rules

Photo sourced from: http://www.ardzagank.com/en/studio/arrangement