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RWD
`Olu`olu

USA
850 Posts

Posted - 12/24/2007 :  2:42:56 PM  Show Profile
Hi all,
I sometimes wonder what changes need to occure in order to lay claim to an arrangement. Would changing a few things in an imporvisational way make a song a personal arrangement? What about taking a few things out or puting a few things in, or changing the order?

I wondered this after listening to a Cindy Combs CD last year.
Several of her arrangements were variations of Keola's arrangements and not really much of a departure from his songs (he apparently taught her).Did she need his permission I wonder?

I would like to read some comments on what constitutes an arrangement that would not require another performer's permission.
I bet there is plenty of grey area in this question.

Thanks
Have a Mele Kalikimaka

Bob

Edited by - RWD on 12/24/2007 2:48:03 PM

alika207
Ha`aha`a

USA
1260 Posts

Posted - 12/25/2007 :  10:01:30 AM  Show Profile  Visit alika207's Homepage  Send alika207 an AOL message  Click to see alika207's MSN Messenger address  Send alika207 a Yahoo! Message
Hmm. Interesting question. I'd say that anyone can perform any song any way he wants to, and if he does it different than all the other people who have done it, it's his own version. Anyone else?

He kehau ho'oma'ema'e ke aloha.

'Alika / Polinahe
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Basil Henriques
Lokahi

United Kingdom
225 Posts

Posted - 12/26/2007 :  05:52:26 AM  Show Profile  Visit Basil Henriques's Homepage
quote:
perform
Yes, Record a song (Without permission) with more than minor changes and be prepared for litigation..
See this topic :-
http://www.taropatch.net/forum/topic.asp?TOPIC_ID=5044

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keoladonaghy
Lokahi

257 Posts

Posted - 12/26/2007 :  10:03:08 PM  Show Profile
Obligatory "I'm not a lawyer" inserted.

Big question #1 is: what song(s)? Are they public domain songs, something Keola composed or another copyrighted song? My understanding is that you can copyright an arrangement of a song in the public domain. This was common, and people have paid royalties to certain individuals not knowing that they did not own the copyright to the song, but to a particular arrangement of it which was not necessarily used.

If Cindy was performing a public domain song which Keola had created an arrangement for and made some minor changes she's probably in the clear. I don't know if Keola ever registered a copyright for his arrangements of some traditional songs as they were released on his recordings but possibly did for arrangements that he did in his instructional materials. I'll ask him and report back.
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