Bell Tone Music will always comply with the United States
Copyright Law. This law protects the original composer’s intellectual property
and is firmly based on Article 1, Section 8, Clause 8 of the U. S. Constitution
which proclaims:
“The Congress shall have Power … To promote the Progress
of Science and useful Arts, by securing for limited Times to Authors and
Inventors the exclusive Right to their respective Writings and Discoveries; … “
Federal Copyright Protection also gives the Publisher of an original piece
of music exclusive rights and ownership concerning any arrangement of that work. Therefore, Permission to Arrange must be granted by the Copyright Holder before anyone at
BTM will arrange Copyrighted music.
The responsibility of securing permission, as well as paying any permission
fees, belongs to the Band Director not the Arranger. The procedure is fairly
simple; however, be aware that the time required to complete the process can
take as long as two months. For an additional fee, BTM can trace down and file
the needed information; nevertheless, the Director will still have to sign all
of the paperwork as well as pay the Copyright Holder’s permission to arrange
fee. Moreover, for BTM to provide this extra service it will slow down the
process considerably. Therefore, it is recommended that the Head Director
follow these four simple steps:
1) To find the name of the Publisher, which is
normally the legal Copyright Holder, do a song title or composer search through ASCAP or BMI.. Be aware that
neither of these entities will hold any Copyright Ownership to the material in
which you are researching, so please do not seek permission to arrange from
either of them. However, they are both excellent resources in finding out the
name of the actual Copyright Holder.
2) Contact the Publisher by phone and ask for the
department or person who grants permission to arrange. This person will provide
you with information on how to fill out the Permission to Arrange Form. On rare occasion the Publisher will not be the Copyright
Holder, but if that is the case, they will certainly be able to provide you
with whom to contact concerning Copyright Ownership. After the information is
collected, fill out the form, normally an online process, or mail / fax it to the Copyright Holder.
3) An email reply will usually be delivered within
two months. It will either state that permission to arrange HAS been granted,
which will require you to mail them the necessary permission to arrange fee; or
the response will state that permission WILL NOT be granted. In the event that
you have to send the form containing their official signature back to them with
the fee payment, make sure to make copy for your files before returning it to
them. Otherwise, you will not have any proof of their signature! Also, if the
Copyright Holder has not responded within two months, do not assume anything.
Just contact them to find out the status of the request.
4) Once permission to arrange has been secured, and
the permission fee has been paid, a copy of the officially signed form should
be sent to BTM. At that point, the arranger will be legally allowed to write
the music.