Copyright guidance

Music Copyright, particularly for unpublished music, is not straightforward. This is a guide that should set you on the right path. Note, this advice is specifically for groups in the UK.
 

Why is this important?

• The music we sing MUST be legal. LABBS has made every possible attempt to make sure we, as members, are not breaking the law but in the end it's down to each individual and ensemble. This applies to all our music, not just for contest.
• If you sing illegal music in contest, you contravene the LABBS Contest and Judging rules, the penalty for which is disqualification.  Make sure you have licenced your music in good time (you should really do this for all songs at the time you purchase, not just for contest!)
• There is so much LEGAL music out there waiting to be bought and sung and so many people trying to make life easier for us as far as obtaining music is concerned, there is no need to sing illegal music.

First - a note on Public Domain

The first thing to be aware of is that the law for when a piece of music or a song falls into public domain is different in the USA and the UK.

• In the UK, copyright in a song expires 70 years after the end of the calendar year in which the last surviving writer or composer has passed away.  If a composer wrote a song early in life and lived to a ripe old age, a song could remain in copyright for a very long time!
• After the copyright for the original song has passed into Public Domain, then the copyright for any particular arrangement passes to the arranger, and the same 70 year rule applies.
• in the USA, all songs written before 1927 are in the Public Domain. After that, it gets complicated, with different rules applying depending on the year it was written and whether copyright was claimed at the time or subsequently renewed... if you need to know, this is a good source of information: Copyright Term and the Public Domain - Copyright at Cornell Libraries - LibGuides at Cornell University

The important point here is that it's different. Some songs may reach Public Domain status in the USA some years before they do in the UK, and if you're a resident of and performing in the UK, it is the UK law that is relevant to you. If you obtain a song from a US arranger who states that it's in the Public Domain, therefore no copyright fees are payable, or they claim copyright fees for their arrangement (which would normally belong to the original copyright holder), ALWAYS CHECK whether the Public Domain status also holds according to the UK rule, i.e. that 70+ years have passed since the death of the longest-surviving author (lyrics or melody or composition) - a google search will usually yield reliable biographies and relevant dates.

Published arrangements

Where you are using sheetmusic that has been properly/formally printed and published by a company, (including some BHS and SAI arrangements where they have rights to sell for the UK territory*), or sold by the copyright holders or agent directly (e.g. sheetmusicplus.com or halleonard.com), then as long as you have purchased sufficient copies to cover your group's membership plus any use by guests/coaches etc, you are covered and do not need to seek a further licence.

If it is "properly printed" commercial sheetmusic then you can sell it on (but only lend if you are no longer singing it yourselves).  If it is a PDF for printing yourself, as is often the case with sheetmusicplus.com downloads, then you are covered but it will NOT be transferable to another group. (This includes a quartet within a chorus for a chorus song).
   
 

Unpublished arrangements

 

For your "unpublished" sheetmusic to be legal, the following needs to be the case:

1. The specific arrangement itself must be licenced/authorised by the copyright holder.
   • If it is an existing arrangement, have other groups successfully licenced print copies? Then you're probably going to be ok to get your own licence.
   • If it is a new arrangement that you have commissioned, did you take the initial step to request permission from the UK copyright holder to make a new arrangement? If not, then you must make them aware and ask permission to use it before proceeding. Some may wrap the permission to arrange and the print licence together into one contract/invoice. The copyright holder may request a copy of the arrangement. It is wise to keep one copy of the piece as it is unlikely that your original will be returned to you. Be aware that you may be refused permission to proceed for a new arrangement, so ask before you are committed.
   • Important: If there is no copyright statement present at the bottom of page 1, it is highly likely that the arrangement itself is illegal and unlicenced. Unless you are prepared to go through the licence process from scratch, DO NOT SING IT!
2. You need to hold a valid print licence ("per copy" licence) to cover sufficient copies for all your group's singing members, guests, and coaches.
   • The arrangement licence and print licence have to be in date. Occasionally, copyright holders may give permission to use a song for a limited time period only, and occasionally restrict the territory for use to the UK only - check your paperwork and be clear about your timescales and needs when negotiating licences.
   • If at any point you have need of more copies than your current licence states, you need to purchase another licence to cover the extra.
   • Make sure the print licence does not state that it is for the sole use of another named group. This will mostly apply to quartets within a chorus singing chorus material - if you are performing as a different ensemble then you are not covered by exclusive-use licences.  It will also prevent the sale of music to other groups - they will need to purchase their own licence from the copyright holders.
3. You must always have or obtain a print licence ("per copy" licence) from the relevant UK publisher and copyright holder as the territory covered by other distribution licences may not include use in the UK. 
   • This applies even if the copyright statement includes "International Copyright Secured".
   • Per copy fees paid to USA individuals (i.e. the arranger direct) or unofficial bodies are unlikely to be valid in the UK.
     • If they insist that you pay them the per-copy fee, ask to see their licence and proof that they have the right to distribute to the UK territory, not just the USA (and not "international" meaning USA and Canada only!).
     • If they cannot prove this, resist paying the per-copy fee to them, as you will need to find and pay the UK copyright holder as well, so essentially you would end up paying double.
     • Some arrangers are already aware of this and may ask you to purchase the licence first and send them the receipt before they will release the actual arrangement to you.

 

OK - How do I find out who the copyright holder is?

It so happens that music publishing behemoths Hal Leonard Europe, (who also now handle licensing for Wise Music Group was Music Sales - apart from G. Schirmer and Associated Music Publishers which Wise handle themselves) - and Faber Music Publishing cover the vast majority of the songs used in barbershop arrangements - if you aren't sure of the copyright holder, try emailing these two companies first to see if they claim it.

• Hal Leonard Europe 
  • check the list of publishers that they administer print rights for
  • you now have to use their generic US-based website licensing system.
  • Since Hal Leonard also runs a site called "arrangeme.com" which allows arrangers to publish their arrangements to sell for millions of titles, if you can persuade the arranger to put it on SheetMusicPlus via arrangeme that will turn out a lot cheaper for you.
• Faber Music Publishing
  • use their online licensing system to request a licence... register or sign in at licensing.fabermusic.com/Register.aspx
  • email licensing_filter_unwanted@fabermusic.com for help and advice
  • Faber now administer titles for Alfred Music Publishing, including, but not limited to, the following common publishers:
    • Alfred Publishing, LLC dba ALFRED MUSIC (as well as Alfred-owned imprints including but not limited to Capri Music, Inc.)
    • Warner Bros. Entertainment  
    • EMI Mills Music, Inc. (excluding digital usages that do not result in a printed copy)

Still stuck?

If you have already tried the above and all have said they do not administer that title, and an internet search for the named publisher at the bottom of page 1 of your music has not come up trumps, you can email for further advice on copyright_filter_unwanted@labbs.org.uk, including details of everything you have tried so far and the information in the copyright statement on the music.

If all else fails, you can try asking prsformusic.com for help on who the copyright holder for a particular song may be, in the UK.
 

 

Amateur Choir Licence

You may have heard of The Amateur Choir Licence from PMLL, which allows ensembles to make photocopies of qualifying music. It also permits minor re-arrangements (e.g. change of key) to suit the voices of the group for qualifying works. Further details can be found on the PMLL website:

 

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Other types of licences - limited manufacture and performance

What? There's more? Unfortunately yes... read on.

Copyright requirements for CD Teach Tracks

A PRS "Limited Manufacture Licence" for CDs is required for your teach track CDs to be legal. Costs vary depending on how many copies you will be burning, and whether the content is more or less than 25 minutes in length. The licence covers:

• The copyright in the Musical Work (MCPS)
• The copyright in the Sound Recording (PPL)

Read more about it on the limited manufacture page on the PRSforMusic website and apply for a licence.
 

Public Performances

If you are putting on a show, always check that the venue you have chosen already has a general PRS licence for live performances. They will know if they do. If there isn't one, you can get one via PRSforMusic, but we recommend that you make use of the super-easy Making Music system that allows LABBS' groups to do an annual submission of information and bulk payment... with this option there is simply no excuse, so read everything you need to know and stay legal!.

If you are engaged to perform at a "singout" arranged by a third party, the licence is officially their responsibility, but it may be sensible to check that they realise this!