Copyright Resources

Permission to arrange or adapt copyrighted music must be obtained before any arranging work begins. Directors, arrangers, and ensembles should not begin creating, editing, or adapting copyrighted material until the appropriate authorization has been secured from the copyright owner or its authorized representative.

Because publishers and licensing agencies often require significant processing time, IHSMA strongly recommends submitting requests for permission to arrange at least eight (8) weeks before the anticipated start of the arranging process. Directors are encouraged to begin this process as soon as tentative repertoire selections have been identified and before making final commitments to a show design, production concept, or repertoire plan.

When seeking permission to arrange, directors should also inquire about any restrictions related to recording, livestreaming, synchronization, broadcast, social media distribution, or other forms of audio and video dissemination. Some copyright owners may prohibit certain uses, require additional permissions, or assess separate licensing fees for these activities.

Early communication with rights holders can help avoid unexpected restrictions, delays, costs, or repertoire changes later in the season.

In general, permission to arrange is required whenever a copyrighted musical work is altered, adapted, re-orchestrated, or otherwise modified from its original published form.

Examples of situations that typically require permission to arrange include:

• Creating a new arrangement of a copyrighted composition.
• Adapting, editing, or modifying an existing marching band, drum corps, concert band, jazz ensemble, choral, or orchestral arrangement.
• Creating a marching band arrangement from a published concert band score.
• Re-scoring music for a different instrumentation.
• Adding new parts or substantially altering existing parts in a purchased arrangement (for example, adding percussion, electronics, narration, or other musical elements not included in the published edition).
• Combining multiple copyrighted works into a medley, mashup, or production.

When Permission to Arrange Is Generally Not Required

Permission to arrange is generally not required when:

• Performing a legally purchased arrangement exactly as published.
• Performing an original composition created by the ensemble, director, student, or arranger who owns the copyright.
• Performing a work that has been verified to be in the public domain.
• Utilizing a licensed arrangement that already includes the necessary permissions granted by the copyright owner.

Directors should remember that purchasing sheet music does not automatically grant the right to alter, adapt, re-score, or arrange the work. When questions arise regarding whether a proposed use constitutes an arrangement, IHSMA strongly recommends obtaining clarification from the copyright owner or licensing representative before proceeding.

Permission to arrange, adapt, or otherwise alter copyrighted music must be obtained from the copyright owner or its authorized licensing representative before any arranging work begins. Directors are strongly encouraged to initiate the permission process as soon as a tentative repertoire has been selected to allow sufficient time for review, licensing, payment, and receipt of formal authorization.

Because processing times vary among publishers and rights holders, IHSMA recommends submitting arrangement requests at least eight weeks prior to the anticipated start of the arranging process.

When requesting permission, directors should also inquire about rights associated with video recording, livestreaming, synchronization, broadcast, and digital distribution. Additional fees, restrictions, minimum guarantees, or other requirements may apply to these uses.

Option 1: Submit Requests Through a Print Publisher or Licensing Service

The most efficient method for obtaining permission is typically through the print publisher or licensing representative that administers the work. Many publishers provide online licensing portals and can direct applicants to the appropriate rights holder when necessary.

Common resources include:

Popular Music Repertoire

• Tresona Licensing Exchange
  • Automated licensing service representing many major publishers and copyright owners.
• Hal Leonard Permissions
  • Licensing and permissions resource for works administered by Hal Leonard and its affiliated catalogs.
• Alfred Music Licensing
  • Licensing resource for works administered by Alfred Music.

Classical Music Repertoire

• Boosey & Hawkes
• G. Schirmer

These publishers represent a substantial portion of the repertoire commonly performed by scholastic ensembles. Additional publishers or rights holders may need to be contacted for certain works.

Option 2: Contact the Copyright Owner Directly

If a publisher or licensing representative cannot be identified, directors may contact the copyright owner directly. The following organizations maintain databases that can assist in identifying songwriters, publishers, and rights holders:

• ASCAP Repertory Search
• BMI Repertoire Search

After identifying the appropriate rights holder, submit a written request for permission to arrange each copyrighted work. Many copyright owners utilize print representatives such as Hal Leonard, Alfred Music, or Tresona to process licensing requests and may refer applicants to those services.

Important Considerations

• Permission must be obtained before arranging begins.
• Each copyrighted work requires its own licensing approval.
• Approval is not guaranteed and may be denied by the copyright owner.
• Additional permissions may be required for recording, livestreaming, synchronization, or distribution.
• Retain copies of all licenses, permissions, and correspondence for your records and for submission to IHSMA when requested.

Obtaining proper permissions protects students, educators, arrangers, schools, event organizers, and copyright owners while ensuring compliance with United States copyright law.

A composition that is in the “Public Domain” is one that is considered “under the ownership of the public.” In other words, anyone can use it for any purpose without having to obtain permission. A general rule, compositions created before 1923 are now in the Public Doman. While works in the public domain do not require obtaining a permission to arrange, many published arrangements of public domain works are still under copyright and will require permission from the music publisher if you wish to adapt them for your ensemble. However, this only pertains to PUBLISHED WORKS, and does NOT include sound recordings.

You can confirm the public domain status of compositions with the U.S. Copyright Office at the following address:

U.S. Copyright Office

Library of Congress

Washington, D.C. 20559

(202) 707-3000 – Phone

Due to the modification of the GATT treaty on January 1, 1995 the copyright to the works of the following Russian composers were restored and copyright is still in effect. Permission must be obtained to adapt or arrange their compositions.

The publishers for most other foreign composers can be determined through a search of the ASCAP or BMI databases.

If you are using a copyright licensing service, you may inquire of them whether there exist any known copyright owner restrictions, prohibitions or special conditions place upon synchronization licenses for songs you intend to use in/arrange for your show. Other print rights holders/administrators from whom you may also obtain permissions to arrange should be able to guide/inform you regarding songs in their library. Generally, Music for All/Bands of America will not contract for synchronization licenses that include fixing fees or higher rates than routinely paid that or commercially infeasible or that trigger or may trigger “most favored nations” provisions increasing licensing costs for entire volumes of performances.

Some reasons permission may be denied are:

• If contractual restrictions surrounding the original creation of the music prevent additional licensing.
• If the publisher or songwriter prefers not to have the music arranged in a format other than how it was originally written.
• If the copyright to the song is in dispute.

No. This is what would be considered under copyright law and many licensing agreements as an “Unauthorized use.” Many licensing agreements contain clauses that protect the publishers in these situations by retaining ownership, referring to them as a “Work for Hire.” You must obtain permission for the creation of the arrangement in your possession. You may not “borrow” or “buy” it directly from another organization or arranger.

What does “Works for Hire” mean?

If a work is classified “Work for Hire” or “Work Made for Hire,” then the employer (usually the Publishing company) is considered the owner of the work, not the employee (an arranger). Even if YOU, the band director, paid the fees to the arranger or YOU did the arrangement, the publishing company still retains ownership of the arrangement.

What does “Most Favored Nations” mean?

“Most Favored Nations” is a typical clause in licensing agreements that states if you (licensee) agree to pay “Publishing Company A” a higher rate than “Publishing Company B” for similar use on a project, then you must also pay “Publishing Company B” that higher rate. This is put in place to ensure the publishing companies get fair and competitive rates for the use of their compositions. 

The minimum licensing rates vary from one publisher to the next. The reimbursement fee reflects the specific minimum royalty rate charged by each publisher.

Every copyright owner has a right to protect their works, set terms of use and be compensated for the use of their works with few exceptions. These rights are not to be infringed upon any more than your right to free speech or privacy. Copyright is complicated not for the sake of being complicated, but rather to protect those parties’ interest in the ownership of their Intellectual Property.