The Mudcat Café TM
Thread #93493 Message #1800309
Posted By: Richard Bridge
03-Aug-06 - 03:38 AM
Thread Name: Traditional music and copyright
Subject: RE: Traditional music and copyright
An arrangement is a different work from the piece arranged, and both the work and the arrangement may have copyright - each of which may have the usual duration. An arrangement of a non-copyright piece does NOT give the holder of copyright in the arrangement any rights in the original piece. Indeed barring an express agreement to such effect an arrangement of a copyright piece does not give the arranger any rights in the original piece and a user of a copyright arrangement of a copyright piece will need the permission of the coyright owner of both the original piece and the arrrangement.
Copyright arises automatically and it is not necessary to take any particular steps to "copyright" a work.
The USA is the odd man out in copyright, internationally speaking, and curiosities of its approach often do not apply or hold water elsewhere, although this is gradually becoming less the case since it acceded to the Berne Convention in 1988. The UK has been a signatory to Berne much longer, as have most European countries, and, interestingly Japan (1906).
In theory it is possible to dedicate a work into the public domain. I have never ever come across a case tested in court in any jurisdiction where the allegation that such a dedication has validly been effected has been upheld. I did once want to run the argument against the Navajivan Foundation (the foundation that then held copyrights in the works of Ghandi) for it is well known that Ghandi once said "I have never copyrighted anything", but my then client would not let me do so.
One US oddity that may be relevant above is that in the UK the permission of both joint owners of a copyright is needed to do an act restricted by copyright but in the USA, inspired perhaps by land law relating to tenants in common, the permission of either is sufficient to protect the user (although there maybe arguments between the joint owners of copyright themselves whether the granting of permission by one infringes any right of the other).