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chatham-chamber
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11691
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Scenario: "Unpublished" but licenced arrangement of a

Resolved Question:

Scenario: "Unpublished" but licenced arrangement of a popular song
Group wants to make legal copies of the PDF file they have acquired from the arranger.
If a UK ensemble is seeking to pay a print licence fee to make legal copies of an unpublished music arrangement, which has previously been licenced as an arrangement in the USA, and has "International Copyright Secured" stated on the page 1 copyright statement, is it ok to pay the print licence "per copy" fee to the US source/copyright holder (because it is believed their copyright jurisdiction for the arrangement is international), or does it still have to be paid specifically to the UK publisher/copyright holder?
Submitted: 10 months ago.
Category: Law
Expert:  chatham-chamber replied 10 months ago.
Hi,Is the arranger acting as an agent for the copyright owner?
Customer: replied 10 months ago.
No the arranger is not acting as a agent, but as the arrangement is unpublished, they are the initial source for the actual thing itself which then needs to be followed up with copyright permissions. In our immediate case prompting the question, the US (c) publisher is a lot more accessible and amenable to deal with than the somewhat (needlessly) belligerent UK publisher. It is understood that the licence(s) has to be paid to an official copyright holder and not the arranger, the main issue here is whether it is ok to pay a US copyright holder for an arrangement with "International Copyright Secured" (as we've understood is true, possibly erroneously, for years...). I understand that definitely without this statement then the print licence fee/copyright fee has to be paid to the UK publisher/copyright holder for use by a UK group in the UK.... So I just need to know if the international statement makes any difference as to which geographical copyright holder we can approach. I hope that makes more sense.
Thanks.
Customer: replied 10 months ago.
It may also be relevant to know that the arrangement has been licenced as an unpublished arrangement in the US for many years, access to copyright is easily available, and sung by many groups over in the US. (Most of our unpublished arrangements are sourced in the US, as that is where the best arrangers are.) The UK publisher appears to be unaware of this arrangement and suspicious of its legality and existence and is generally being uncooperative.
Expert:  chatham-chamber replied 10 months ago.
Hi,That does make sense.Without seeing the copyright licence and based on the information you have provided above, I would be of the opinion that you would be able to approach the US Publisher. If any payment is made, I would suggest that you obtain a receipt and keep any evidence of payment in the event the UK Publisher decides to pursue the issue.The international statement does make a difference, in my opinion, as it creates ambiguity as to whom payments are to be made. Thus allowing you to choose.I hope this answers your question. If so, kindly rate the answer and provide feedback.If you have any further questions, please do not hesitate to ask.Kind regards,
chatham-chamber, Advocate
Category: Law
Satisfied Customers: 11691
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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