# Orchestration / arrangement copyright question



## MikeH (Mar 18, 2010)

My question concerns the musical theatre world--

A composer gives a lead sheet/chords to the orchestrator and he arranges it for full orchestra. Does the composer end up owning that arrangement?

So then if the composer were to later go to another arranger and have the show re-orchestrated, could the arranger include any past orchestrations or are those owned by the previous arranger? Does it all depend on the previous contract?

This isn't a case of the orchestrator simply being a copyist...most of the time in musical theatre the orchestrator adds additional counterpoint, harmony, etc. So it becomes a bigger question as to who owns what.

I've always been curious about this...


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## gsilbers (Mar 18, 2010)

you cannot copyright an arrangement. you can use the same arrangement with any other composer. 
doubt u can have the exact same arrangement. 

scott smalley based most if his works on what he learned from jerry goldsmith scores and his "style".

funny story was that afterwards directors/producers wanted for goldsmith to "sound" like elfman but he didnt know that smalley was his orchestrator and that he was trying to sound like goldsmith all along. 
he later told him. 
one of the many stories in smalley's awsome class. just dont mention aliens


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## JohnG (Mar 18, 2010)

*Re: orchestration/arrangement copyright question*

Well, I think that if you as composer hire an arranger or orchestrator, you need to do it either through the union or with some other paperwork that makes it clear you own the resulting work product.

Otherwise, I doubt you would.

Same applies to a performer if he or she is going to improvise.


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## bryla (Mar 18, 2010)

Doesn't arrangers get an arranging fee? In Denmark they get a maximum of 16% of the royalties


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## JJP (Mar 18, 2010)

The deals struck with arranger/orchestrator in a Broadway show are usually quite different than those for film & TV. There is often back-end money for the arranger and other terms beyond a simple "work for hire" clause.

This is subject to individual negotiation, and deals can vary greatly.


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