Lately I have had some concerns about legal issues related to arranging music. While many of these legal issues seem insignificant and easy to get away with, like speeding, making copies of copyrighted material or tearing the tags off of mattresses, we may be breaking the law. For those of you who either sell their arrangements and/or just write a whole lot for a performing group, what are your thoughts on the following questions?
1. Do you have or must you obtain a business license for the city you work in, allowing you to legally earn money for your business of arranging?
2. Do you report all your income on your State and Federal Tax Return (especially if you don't have a business license.)?
3. Legally, must we obtain permission to arrange from record companies/artists/etc.?
4. If so, do we pay them royalties?
I vaguely remember my college band directors mentioning having to get permission to perform an arrangement at a televised event.
Please, feel free to answer these questions and add your own.
Thanks
1
Legal Questions for Arrangers
Started by White Mike, Jun 23 2004 11:46 AM
4 replies to this topic
#2
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Posted 13 February 2005 - 04:43 AM
As far as the actual licensing requirements, I believe we are legally required to attain a license to arrange any work for our bands. As more states adopt "state championships" I believe that publishers will begin to take a greater notice (due to readily available video tapes/DVDs) and increased visibilities....
The copyright information can be found at the following address:
http://www.jwpepper....pyrightres.html
I typically buy arrangements but may adapt them for use by my ensemble... I don't think one would be likely to get into a great deal of trouble doing that. After all, in that case, you have bought and paid for a licensed arrangement... You are merely adapting it for your own group.
As far as licensure requirements for arranging as a business, you would have to check with the local municipalities to see what their requirements are. If it is an in-state purchase, most of the time, you have to charge sales-tax...... In that event, you would have to have a business license (at least in this state).
As far as federal/state taxes are concerned, you are legally required to report the income and would be well warned to do so particularly if you accept a purchase order or a check... Those items are easily traceable. You are also required to file Self-Employment in the event that you report to the IRS. If it is cash money under the table, it is legally required but there probably will not be a trace of it if you don't ... In essence whomever you are selling to is not taking the tax write off they are entitled to by allowing you not to report....
The copyright information can be found at the following address:
http://www.jwpepper....pyrightres.html
I typically buy arrangements but may adapt them for use by my ensemble... I don't think one would be likely to get into a great deal of trouble doing that. After all, in that case, you have bought and paid for a licensed arrangement... You are merely adapting it for your own group.
As far as licensure requirements for arranging as a business, you would have to check with the local municipalities to see what their requirements are. If it is an in-state purchase, most of the time, you have to charge sales-tax...... In that event, you would have to have a business license (at least in this state).
As far as federal/state taxes are concerned, you are legally required to report the income and would be well warned to do so particularly if you accept a purchase order or a check... Those items are easily traceable. You are also required to file Self-Employment in the event that you report to the IRS. If it is cash money under the table, it is legally required but there probably will not be a trace of it if you don't ... In essence whomever you are selling to is not taking the tax write off they are entitled to by allowing you not to report....
Michael R. Kebodeaux
Director of Bands
Richton HS
Richton, MS 39476
Director of Bands
Richton HS
Richton, MS 39476
#3 Guest_Sharon_*
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Posted 10 April 2005 - 01:26 AM
You can not copy or rearrange music that you have purchased.A marching band director and his school was fined for editing music and using it for the marching band.
The biggest part of the fine concerned copying the music.
Please be careful, it's a shame you have to get permission to alter and copy
even when you have bought an arrangement.
This just happened in Michigan.
#4
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Posted 11 April 2005 - 08:43 PM
You can make copies as long as it is for an education purpose and all copies are collected and destroyed after they are used. The only time of exception I know of is in competitions when they specify originals only but from what I've been told by people in the business is you can make copies as long as it's intent is educationaly oriented.
Adam W. Metzler
Central Aroostook High School & Fort Street Elementary School Instrumental Music Teacher
Central Aroostook High School & Fort Street Elementary School Instrumental Music Teacher
#5
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