Writing an Original Arrangement of an Existing Song

When making music arrangements for sale, make sure you are using music in the Public Domain.

If not, you will need to contact the publisher to pay for a license, which is asking for permission to use his/her song.

The minute you write down the notes to someone else’s song, you are supposed to pay royalties to the originators of the song. (whether it’s the composer or the publisher). The prices vary according to what you intend to do with the song. If you want to perform it, there’s a fee. If you’re going to record it and post it online, there’s a fee. If you intend to sing it at a friend’s birthday party, there’s a fee. If you want to live-stream it, there’s a fee.

In any case, do an online search for who owns the song. Go on that website and pay for the Mechanical License, Print License, Performance License, and/or Synchronization License.

If you are playing your arrangement at a church service, it will usually be covered by the church’s CCLI #, which they paid to cover the live streaming.

If you were to market playing on YouTube or Instagram, you would put yourself at risk of being served a “Cease/desist and takedown” letter from a lawyer. Go to copyright.gov to register your songs for $35 each, or for $ 85 you can register ten unpublished works, which makes sense if you want to save money. The advantage of paying the $35 is that it is quicker to register.

Having your music registered via copyright.gov gives you legal proof that you are the song’s originator in a court of law. Then, register your piece with a PRO like ASCAP or BMI, who will, in turn, pay you royalties for anyone using your song without your permission.

If you register your ten unpublished works with the US Copyright office and end up publishing them, you don’t have to go back and pay to have your songs protected under the published works section. Your original registration will cover them. Check with a copyright lawyer for more information.

Other resources are: The U.S. Copyright Office can answer your copyright questions. The Copyright Alliance is there to protect your rights. https://copyrightalliance.org The AMFM Bill (Act) is in Congress now to supplement radio, etc. and to save our stages. Passing this act will give you, as the songwriter, control of your intellectual property. The Visual Artists Rights Act (VARA) is good to check out. The Washington Area Lawyers for the Arts, WALA, is also a useful resource. https://waladc.org Every college campus has a copyright office.

The advice here does not replace seeing a lawyer specializing in copyright law, business, trademark law, or entertainment/arts. This article is taken from a webinar hosted by WALA https://waladc.org and presented by Robyn Mohr, Attorney, Loeb & Loeb LLP.