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This document was prepared in cooperation with ASCAP (The American Society of Composers Authors and Publishers) and the AAP (Association of American Publishers) in order to facilitate the process of obtaining permission to use copyrighted material from literary works and set the material to music.
- Text Selection and Permissions
Composers choose inspiring contemporary texts which best express their own sensibility and which are appropriate for a specific musical purpose or occasion. Setting texts to music exposes wider audiences to the unique contributions of talented writers and poets. All composers create music which is unique and expressly crafted for the text selected. Permission is normally sought for the full copyright term of the text, for all normal music uses (defined below), and on a non-exclusive basis. - Normal music uses
When permission to set text to music is requested, the non-exclusive uses composers usually seek are: - Permission to set the music to the text.
- Permission to perform the work in public throughout the world. (If world rights are not held, the names and addresses of rights holders outside the US should be supplied).
- Permission to copyright the musical work in association with the text.
- Permission to assign the musical work to a music publisher or to self-publish the musical work.
- Permission to have the work recorded or used in audio and audio-visual recording in media now known (including the Internet) or that may come into existence.
- Permission to print the text a) with the music itself, whether in manuscript or printed form, so that the singers may understand the composer's intentions (which notes are for each text syllable); b) in concert programs, CD, disc or tape liner notes, or in any printed material related to the dissemination of the musical work, so as to make the text clearly understandable to the listener.
- Deadline Constraints
Composers freqently write on commission with deadlines, and so appreciate a timely response when their requests are to fulfill such specific projects. Composers need permission before beginning the task of writing the music. If a premiere performance is scheduled, the musicians require the finished music in time to learn and properly rehearse it prior to public performance.
It is recognized, however, that publishers need to research the rights involved in a permission request and, if the copyrighted material is old, the process may take longer than usual. Therefore, it is recommended that the composer make every effort to request permission as soon as possible. A turnaround time of 8-10 weeks is not uncommon in certain situations. - Composer Responsibilities When Permission Is Granted
As creators of copyrighted works, composers are especially mindful of the rights of other copyright holders and recognize their responsibility to comply with all terms of the permission license issued by the publisher. Hence, composers are responsible:
- To insure that the precise copyright notice for specific uses is honored.
- To assure the publisher that all income be divided appropriately between the writer and composer, and to make sure that the publisher receives whatever royalty or permission fee is specified in the contract.
- To provide to the publisher and text author a copy of the final musical work as well as a tape of the premiere performance (if it is available) or a CD when one is issued.
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