Copyrighting Your Music

Standard disclaimer first, the following information is for educational purposes only and shouldn’t be interpreted as legal advice.  Not to mention that the information I write might just very well be dated before I even post it, let alone by the time you may be reading this.  Caveat emptor!

If you’re a composer, you may be wondering if you should copyright your music.  A “copyright” is a legal term that protects the owner of a creative work to control the broadcasting, performance, publication, or recording of that work.  So if you compose a piece of music, someone else can’t come along and publish that work without your permission, or claim that they were the composer of your music.  For composers, copyrighting your music is essential to legally protect your work from theft.

In the United States, copyright registration is handled by the U. S. Copyright Office, but you don’t need to register your work in order to enjoy the copyright protection.  The moment your work is fixed in a tangible form (such as sheet music or compact disc recording) your composition is legally copyrighted.  Registration with the Copyright Office creates a record that is invaluable in the case of litigation, however it’s completely voluntary and your work technically is legally protected simply by putting your name on your work, along with a copyright symbol and the year (e.g., © 2011 by David Wilken).  By the way, the default key combination for the copyright symbol (©) is the “option” key plus the letter “g.”

Of interest to many musicians, not just composers, is what constitutes “fair use.”  

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Setting Composing/Arranging Fees and a New Chart

I compose primarily for my own pleasure.  The vast majority of the pieces I write, whether they are original compositions or arrangements, are for groups that I’m involved with already as a director or player.  I do get the occasional commission too.

Often times those commissions are from friends or colleagues, so I usually undercharge them in those cases.  I’m usually just excited that someone who knows my work enjoys it enough to want me to write something specifically for them.  Just having my pieces be performed is good exposure, even if it’s not the most financially lucrative arrangement for me.

When commissions do come in, however, it’s a little hard to come up with a price that is fair for both the composer/arranger as well as the employer.  One the one hand, as a band leader I’m full aware of how expensive purchasing new music can be, and commissions are even more expensive.  On the other hand, writing out a full big band arrangement, for example, can take hundreds of hours of work to complete.

Bill Fulton, a composer/arranger/copyist living around L.A., has put together a good guide for what can be considered an appropriate fee for commissions.  It depends, of course, on the size of the ensemble as well as the length of the completed piece.  Someone not quite of Fulton’s experience can use this as a guide to see what the top pros make, and adjust their own fees accordingly.

I’m currently putting the final touches on a new big band composition.  According to Fulton’s guide, with 193 measures at $22.50 per measure per 4 measures, I should charge $4, 342.50 $1008.62 for this piece if it were commissioned.

Here’s a MIDI realization of my new chart.  You will have to use your imagination, since I haven’t bothered to create a whole lot of playback effects that live musicians will do.  Also, the rhythm section and solo parts are generated by Band-in-a-Box and then dumped into my Finale file, which results in some strange sounds sometimes.  Still, you can get an idea of what it should sound like when played for real.  Would you pay $4,000 for this?  Probably $1,000 would be closer to what I think is appropriate when I get to do my own thing.

While I’ve got your attention, I’m having trouble coming up for a title for this chart.  My working title has been There’s a Mingus Among Us, since I stole, er borrowed, some ideas from Charles Mingus’s Reincarnation of a Lovebird.  Unfortunately, it turns out that title (and a couple of variations on it) has already been taken.  Anyone have a bright idea for a different title?

How To Be A Good Sideman

Over the years I’ve had the opportunity to experience being a sideman/student musician as well as a bandleader/school ensemble director.  Having experience on both sides has given me some insights into what it’s like to be in the, often times, thankless job of being the bandleader and what sort of things that I can do as a sideman that will help make the leader’s job easier.  Many of these are no-brainers, but they are worth considering when you’re working for a bandleader you hope to continue working for in the future.  Here are 10 things you can do as a sideman to help get you on the good side of your boss.

  1. Return calls/emails promptly – We all procrastinate getting back to people, myself included, but it takes a lot longer than you might think to book a band of musicians for a particular date.  When I book musicians I usually get in touch with the regular players first and wait to hear back from them before I start calling subs, but I know some bandleaders who will put out many calls for one spot and the first person to get back to them gets the gig.  From my experience, the ones who become the “regulars” in any gig I book are the same people who tend to get back to me sooner, rather than later, in the first place.  If you’re not sure that you’re going to be available for a date, let the bandleader or contractor know right away.  They will appreciate your candor and even if they decide to call someone else they will be more likely to call you the next time than if you keep them waiting for days or weeks to hear back from you.
  2. Arrive early – If you’re not 30 minutes early for the gig, you’re late.  It’s stressful to be 5 minutes away from the start of the show and you’re still waiting for a musician to arrive.  If you’re running late give the bandleader a quick call and warn him or her.  This goes for student ensembles as well!  Obviously, if you’re coming from a class that just got out 10 minutes before rehearsal starts you can’t be there 30 minutes early, but make sure your ensemble director understands your schedule and get there as quickly as possible.  If you’ve got to set up equipment (i.e., your drum set), see if you can get some help hauling your equipment to the rehearsal space to help speed up your set up time.  Along the same lines. .
  3. Help setup/tear down – I have great sympathy for rhythm section players and other instrumentalists who have to schlep equipment around to play, so I usually offer to help them carry their equipment from/to their car if I can.  They will greatly appreciate it, and the bandleader will notice too (particularly if you’re helping the bandleader with the books or his/her equipment).  At the very least, don’t be in the way of the setup.  There’s nothing worse than hauling heavy equipment around someone who is set up in the middle of the stage area warming up with his hot licks.  If you can’t help, move yourself out of the way.
  4. Keep quiet – If you don’t like something and absolutely must say something about it, wait until an appropriate time and speak to the bandleader about it alone.  Musicians who are negative about the rest of the band in front of the band don’t get asked back or recommended for other gigs.  If you’re rehearsing and the conductor/director is working with a different section, sit quietly and pay attention, you might just need to apply what he/she is saying to another section in your own part.  At the very least, it’s annoying to have people talking while you’re trying to rehearse.  It’s also distracting to be making announcements to the audience when the musicians are cracking jokes behind you.  If you’re doing this, it’s making the whole band look bad.
  5. Leave your ego at home – Don’t start blowing a solo when you’re not invited to or if it isn’t in your part.  Don’t be a solo hog and let other players have a turn.  Don’t be that guy who complains that the band plays too loud, but continue to play louder than everyone else.  The success of the show depends on how good you make the whole ensemble sound, not on how good you sound in comparison.
  6. Dress appropriately – Whatever attire the bandleader asks for, wear it and without complaint.  If it’s left open, I think it’s better to look a little nicer than you might be tempted to dress.  It’s definitely true that audiences will judge the sound of your performance based in part by how you look.  Tuck in your shirt and keep your shoes on, even if your feet are behind the drum set.  Your fellow musicians will be judging your performance too and they aren’t immune to the principle that what they see influences what it sounds like.
  7. Bring the equipment you need – Some of this is instrument specific.  If you’re a brass player, bring all the mutes you think you might need.  If you’re a woodwind player, bring extra reeds and any doubles you might need.  If you’re a string player, have extra strings on hand in case you break one.  Electronic instrumentalists should have extra cables and extension chords.  Keep a pencil in your case for rehearsals so you can mark your parts.  Speaking of which. . .
  8. Mark your parts in rehearsals, but do so appropriately – Never mark your part with pen or scribble all over your part so the next player can’t read it without erasing.  Learn the standard short hand for marking parts so that the next player who plays your part understands.  For example, circling something means to tacet, so don’t circle something unless you’re going to leave it out.  If you’re making a cut, mark it appropriately and don’t scribble over the measures you’re not playing.  If the conductor/director decides in rehearsal to play something a particular way that isn’t marked in the part, write it in, even if you’re already planning on playing it that way or think you’ll remember.  Sometimes emergencies happen and someone else may need to cover your part on the performance.  If you’ve neatly and clearly marked your part in rehearsal your sub will have an easier time sight reading the show.  Take some time to erase your markings before you hand your music back at the end of the show.
  9. Be positive – This is especially important when things aren’t going well on the show.  Believe it or not, non-musician audience members may not realize the band is lost and playing in two different parts.  They will, however, notice if you’re grimacing on stage.  The huge clam someone might have made is quickly forgotten at the end of the night if the overall attitude is positive, but not if you grumbled about it or made fun of someone during the show (which will be remembered).  If someone compliments you after the performance, accept the compliment graciously and don’t bring up any mistakes, particularly any that weren’t your own.
  10. Be prepared to play well – I bring this up last, because it is almost the least important thing to being a good sideman.  When I book musicians for a show I want the best players I can find, but I’d rather work with someone who doesn’t play so well who understands the above than work with the greatest player in the area who is a drag to be around.  That said, you should practice your part, know the tunes that you’re supposed to have memorized, know how to play stylistically, and generally become the best musician you can be.  The players who win auditions are the ones who are always ready to play an audition.

There are, of course, other things that you can do to endear yourself to the band leader and make it more likely you’ll be called back or recommended for another gig, but most are probably variations on the above.  If you’ve thought of something that I’ve forgotten, please add it in the comments.  Later I’ll try to get a similar list of suggestions for the bandleader.

Music Education Will Make You Business Savvy?

Will music training prepare you to deal with the demands of the business world?  Brian Pertl, a musician, former Microsoft senior manager and now Dean of Lawrence Conservatory of Music, believes so.  He writes about the qualities that companies are looking for in prospective employees, including focus, self-motivation, a collaborative attitude, good communication skills, and creativity.  Being a successful musician, Pertl argues, necessarily involves developing those five skills and they can directly translate into success in business.  He writes:

“. . . from where I sit now, as a conservatory trained trombonist, the current dean of a major conservatory of music, and a former senior manager at Microsoft with 16 years of experience in the business world, I see the connections between conservatory training and core business skills from a unique vantage point. Over the years, as I analyzed the reasons for my successes as a business manager, it always came back to the skills I had learned as a musician and had honed at my conservatory of music. Now that I am back in the world of the conservatory, many worried parents of prospective students ask me what good conservatory training will do if their child doesn’t happen to become a professional musician.”

I really want to agree with Pertl, but I think he’s piling on a lot of spin on this topic.

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Composer Jason Robert Brown Talks Copyright With Teen

Jason Robert Brown is a Tony Award-winning musical theater composer.  He writes in his blog about his experience searching on a sheet music sharing site for his name and discovering to his dismay that he got more than 4,000 hits of people giving away copies of his music.  Rather than threaten a lawsuit, Brown decided to simply write a few of the offenders an email:

“Hey there! Can I get you to stop trading my stuff? It’s totally not cool with me. Write me if you have any questions, I’m happy to talk to you about this.

Thanks,

J.”

While most he emailed apologized and marked the music “not for trade,” one teen took issue with him.  In the ensuing email exchange Brown is patient, classy, and treated the teen with more respect than she showed for him.  

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Taxes For Working Musicians

Just in case you’re procrastinating and haven’t yet filed your taxes yet, here’s a link to an article with advice for working musicians doing their taxes.  Be warned, this is a year old, so some of the tax laws may be different for this year.

Speaking of working musicians, I recommend the web site that published the above article, MusicianWages.com.  It has many interesting and informative articles ranging from booking band tours, conducting a show from the piano, and putting together contracts.