Let's be clear!
- I do not have a problem with
copyright acknowledgment in principle;
- I fully recognise the hard work
that composers and lyricists have put in over the years;
- I am happy to pay reasonable
fees in respect of ALL copyright material.
BUT I am finding several issues:
1. Pro rata: Most copyright
holders/music publishers are used to fees being allocated across several
complete items in a hymnbook. This material, once published, is static. A rate is
negotiated for the production of the book which will run probably to
tens of thousands of printed words and music and hundreds of thousands
or millions of sets of lyrics. Pro rata clearly works for the
publication of a hymnbook.
But The Complete Hymn (You are the Conductor!) is a living developing volume designed
to be augmented with new material being added as it comes along. The
idea that copyright fees should be distributed across all copyright
holders in a pro rata way is virtually impossible in these
circumstances.
A fixed percentage on a pro rata basis across only those items in
copyright fails were I to remove all but a few items; I would still be
paying that percentage (typically 12.5%) on ALL takings to include
just one or two items in copyright. Again, perhaps this works with
standard hymnbooks because of a relative consistency in the balance of
inclusion of the old, which is FREE and the new for which FEEs are
payable.
2. Arrangements: It is generally
accepted that copyright of an arrangement of a song remains with the
original copyright holder. But this has lead to some odd situations. In
one instance the copyright holder has indicated that the composer(s) do
not like the arrangement(s) that I have made and so may not be
prepared to issue a licence. I question this. The issue here is that
the item HAS been published as it is. That does not mean that it is
perfect, and in the church world and organ world in particular,
composers must expect their work to be interpreted. I have been asked
to work with the composer(s) in respect of such items and I will try;
but I think that copyright holders do not retain the right to withhold
permission just because they or a composer do not like my arrangement.
If a copyright holder withholds permission for this reason alone it is
likely that I will publish anyway having first offered a reasonable
fee.
In short, if you
don't want your work interpreted, DON'T PUBLISH IN THE FIRST PLACE!!
I face just the same; I am sure that
there will be much criticism of this work; in some circles it will be
seen as radical. There are many and various
reasons why organists will shy away from using the techniques and ideas
set out in The Complete Hymn and I have heard some already. But the bottom line is that
if it
really works that is good enough
for me. If on occasion it doesn't, I will want to know why and will work
on it.
3. Extracts: In
the vast majority of instances I am proposing to print one or more
very small pieces of music that are to be read alongside the hymnbook where
the full item can be found. I suggest a few bars of music for the
playover and on most occasions a bridge too. Sometimes only a short
melody is used on a single stave, otherwise I use a fuller notation.
Rarely do I wish to print the whole piece. Lyrics often include just
the title or first lines. It is because of the brief nature of what I
propose that fees equivalent to 12.5% are unacceptable apart from
full renditions. I will not be seeking any permission regarding lyrics
where only the accepted title or first lines are used.
4. The numbers game: Initially
I aimed to print about 500 volumes. This is a large target for
such a specialist volume. It represents a tiny proportion compared with
hymnbooks and in any case The Complete Hymn is NOT intended to
replace any hymnbook but
to augment it. Typical fee rates have often been drawn up assuming
that initial sales will run into thousands which they most probably
won't. [update: initial sales are below 50.] 5. How much to pay:
Inevitably
there are issues here, but some copyright holders DO understand what I
am trying to achieve and have proposed relatively nominal fees based on
the low likely output of The Complete Hymn and the
(mostly) miniscule musical extracts that I wish to print. I am pleased at their
understanding but others are insisting on certain rates to be calculated
across the whole publication on a pro rata basis and that is
unacceptable. In one instance a copyright holder has sought such a high
fee that I have removed the music graphic without any significant loss
of interpretation, but they have lost a fee.
I really do hope that this will not
be repeated.
I respectfully suggest that all copyright holders should bear in mind that if
this proves to be a successful publication they will inevitably gain
considerable additional fees in the future in two important
respects:
1. From me - which I shall be delighted
to pay! and
2. From increased use of the songs for which they hold the copyright. The
process of learning to play these modern songs from the method and
examples set out in The Complete Hymn will spread further to all
such hymns and songs for the benefit of everyone!
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