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And distributing copies widely is much less likely to be fair use, even if there is no charge made.Ĭan I perform the transcription in public, and the performance may involving profits for myself (i.e selling tickets, crowd donation, selling performance recordings.) Copies for personal use will often come under fair use, but far from always. In some countries there is a specific exception for personal use, but there is not under US law. Making copies, and making derivative works based on a protected works, are both rights of the copyright owner, and neither may be done without permission, unless an exception to copyright applies (such as fair use or fair dealing). Unless the copyright owner chooses to file suit, nothing will be done.ĭo I need permission to sell or give away my musical transcriptions for free, in both when case the transcription may imitate the original sounds or is a recomposition of the songs. However, copyright infringement is not (in most cases) a crime. But if someone transcribes and gives away many copies of music now in print, a suit would probably follow. It is unlikely to attract a suit even if technically it could.
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Transcribing a musical work is still making a copy, even if it is for personal study and is never sold, or even shared. Is it legal for me to transcribe a copyrighted song? or somebody makes money, you wade into the copyright/licensing world. If you learned songs for 50 years, copying them down to paper for your own edification and enjoyment, but not disseminating those charts or selling recordings of your performances, you have no obligations. Put very simply, none of this matters until that moment when money start changing hands. That is (in the USA) managed by the Harry Fox Agency, and there are statutory rates for what you need to pay, per copy manufactured. If you sell recordings of your own version of someone else's song, you have wandered into something slightly different, a mechanical license. Your obligation would be to the performance rights society that the original artist lists their music: ASCAP, SESAC, BMI, etc. You, as a performer, may also be wearing one of those hats too.
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This is typically owed/paid by the proprietor of the venue or the promoter. play it note-for-note as they played it) or use your own arrangement, involves a performance royalty to the songwriter. Performing in public, a song written by someone else, whether you copy their arrangement (i.e. Just use it for your own enjoyment, and leave it at that. When you then go to publish your derivative products, you run into issues. You can do whatever you want for your own personal use.