How to license song arrangements for a guitar method book.

[PhilJohnson]

What is the name of your state (only U.S. law)? California

I'm working on a method book for teaching guitar that will probably turn into an online course of some sort.

I'd like to use real songs, with most of the excerpts being short simplified 4-8 measure bits to illustrate the lesson. A few might be longer. All will be presented in standard music notation and guitar tab.

I know I need to license these, but I'm confused as to how to do that. And from what I've read, the big publishing companies can't or won't be bothered to deal with me anyway.

So this is the advice I'm looking for:
- What are the steps to requesting a print license for a song?
- Is a "print license" for internet use a different kind of license?
- What are my choices if the publisher either declines or ignores my request?
- Is there any sort of ballpark price I should have in mind for a license?

I appreciate any advice.

 

[FlyingRon]

You're going to have to license the rights to print the material specifically with whoever owns them (the composer or in many cases their music publishing house usually affiliated with the record company). There's neither a statutory or blanket rights to this like there are for mechanical or performance rights.

You'll need to expressly license whatever you intend to do: print a book, release over the internet, embed in software, etc...

Your option if you don't get the rights is to not use the copyrighted material unless you want to risk being sued (in which you would certainly LOSE).

The license costs really depend on the scope and what the song is. There are companies that specialize in working out such rights.

 

[PhilJohnson]

Thank you Ron. I certainly wouldn't use the material without a license. I think my question on that was more about is there an appeal on a no answer, or is a no just no?

Do you happen to know of any of the companies that specialize in working out the right? I haven't been able to track down anyone to help.

 

[Zigner]

Thank you Ron. I certainly wouldn't use the material without a license. I think my question on that was more about is there an appeal on a no answer, or is a no just no?

Do you happen to know of any of the companies that specialize in working out the right? I haven't been able to track down anyone to help.

Look at it this way: You need to obtain permission. That means they have to give you permission. If they don't answer, then they haven't given you permission.

 

[PhilJohnson]

Thanks, I understand that. But having never done this before I'm just curious if it's worth the time and effort to appeal a "no" answer to change their mind or if it that's just spinning my wheels.

 

[Zigner]

Thanks, I understand that. But having never done this before I'm just curious if it's worth the time and effort to appeal a "no" answer to change their mind or if it that's just spinning my wheels.

It can't hurt to ask them to reconsider - but that's really not a legal question.

 

[PhilJohnson]

Part of the process, I figure.

Do you know of any template letters or other resources of things that would help with something like this?

 

[Zigner]

Part of the process, I figure.

Do you know of any template letters or other resources of things that would help with something like this?

www.google.com

 

[quincy]

Part of the process, I figure.

Do you know of any template letters or other resources of things that would help with something like this?

PhilJohnson, here are three links, the first two to two different organizations where you might consider turning to for help, and the third to information on fair use.

The National Association for Music Education (NAfME): http://www.nafme.org/my-classroom/copyright/

MTNA: http://www.mtna.org/member-resources/copyright-information/copyright-faqs/

Stanford University Libraries, Copyright and Fair Use Center: http://fairuse.stanford.edu/overview/fair-use/what-is-fair-use/

There are some uses of copyrighted material that fall within the Copyright Act's guidelines for fair use and, depending on how and to whom you are providing lessons, it is possible that, if only small excerpts will be used in your method book to teach guitar lessons, the uses could be seen as a fair use of the material. That said, fair use is an affirmative DEFENSE to copyright infringement (a "yes I infringed but in this case it is okay" defense). Fair use will either be successful in court as a defense, or fail, based on the merits of any one case.

In other words, you do not know until you have been sued if a fair use defense is going to work for you. And it is almost always best not to test it in court.

Instead, it is almost always best to seek permission from all copyright holders through the licensing of all works you intend to use to avoid the risk of a lawsuit. I think you would be smart to seek the advice and direction of an IP attorney in your area. Again, the links above provide information and direction to licensing agencies, and can also provide you with the how-to's that you seem to be looking for.

Good luck.