Getting Permission from Hal Leonard Corporation
It's important to keep in mind that Hal Leonard is a huge corporation that "represents the print music interests for a myriad of publishing companies, both classical and popular." In other words, they are the ones you will most likely be dealing with if you want to get permission to distribute your own arrangement of a tune that is under copyright protection. This is true regardless of who has published the piece or who owns the copyright -- Hal Leonard is the sole, exclusive distributor of 90% (my guess) of all the print music in the world.
I wanted to find out exactly what it would cost and how complicated it would be for me to get permission to use my own arrangement of a song that is under copyright protection. I chose a song I have already published in one of my books, but I was aware that I could never teach that arrangement without first getting another specific permission from (and paying a fee to) the copyright holder, via Hal Leonard.
What follows is some of my email correspondence with one of the project managers who handles these requests. I set up a hypothetical case, using my own arrangement for distribution at a real dulcimer festival.
And I'll just let you know now that it was very easy to do, it didn't take long, and the fee was less than I expected. Read on...
I wanted to find out exactly what it would cost and how complicated it would be for me to get permission to use my own arrangement of a song that is under copyright protection. I chose a song I have already published in one of my books, but I was aware that I could never teach that arrangement without first getting another specific permission from (and paying a fee to) the copyright holder, via Hal Leonard.
What follows is some of my email correspondence with one of the project managers who handles these requests. I set up a hypothetical case, using my own arrangement for distribution at a real dulcimer festival.
And I'll just let you know now that it was very easy to do, it didn't take long, and the fee was less than I expected. Read on...
After sending an email in which I had asked for information about the procedure, I was asked to complete this form related to the copyright and my intended use of the arrangement:
Request Details
Name of Licensee: Carol Walker
Organization: Pocono Dulcimer Festival
Date(s) of Service/Performance: April 26, 2019
# of Services/Performances: 1
Congregation/Audience Size: 20
Song List/Title: Oh, What a Beautiful Mornin'
Writer: Richard Rodgers
Arranger: Carol Walker
Copyright Notice/Owner: Williamson Music, Div. of Rogers & Hammerstein Music
Reprinting: Music only -- no lyrics
# of Printed Copies: 20
Projecting? No
Name of Licensee: Carol Walker
Organization: Pocono Dulcimer Festival
Date(s) of Service/Performance: April 26, 2019
# of Services/Performances: 1
Congregation/Audience Size: 20
Song List/Title: Oh, What a Beautiful Mornin'
Writer: Richard Rodgers
Arranger: Carol Walker
Copyright Notice/Owner: Williamson Music, Div. of Rogers & Hammerstein Music
Reprinting: Music only -- no lyrics
# of Printed Copies: 20
Projecting? No
This was their next email, in which they asked for more specific information related to the workshop.
If you wish to proceed with your request, please specify the following information:
And this was my reply:
Date: April 26, 2019
Location: Pocono DulcimerFest, Stroudsburg, PA
Name of workshop: Mountain Dulcimer - Adding New Dimensions
# attending: 20
# copies: 20
- The date of the workshop you wish to make copies of an arrangement for;
- The name and location of the workshop;
- The name of the session you are presenting;
- The number of people you anticipate will attend your session;
- The number of copies of your arrangement you wish to make and distribute.
And this was my reply:
Date: April 26, 2019
Location: Pocono DulcimerFest, Stroudsburg, PA
Name of workshop: Mountain Dulcimer - Adding New Dimensions
# attending: 20
# copies: 20
And here was their reply:
And heads up -- THIS is the important legal stuff.
Please read this carefully....
Dear Carol:
Thank you for your request.
Upon payment of the fee set forth herein, this letter shall constitute permission for the non-exclusive right to reproduce, at your sole cost and expense, the indicated number of copies of the above-referenced arrangement(s).
Use is non-assignable and will be handed out to participants of the Mountain Dulcimer Adding New Dimensions workshop at the Pocono DulcimerFest in Stroudsburg, PA on April 26, 2019, only.
The fee for this use shall be U.S. $30.00.
The copies will be identical to the original arrangement(s) including the copyright notice. The following will be legibly included on the first page of each copy of your reproduction:
"This reproduction is made with the express consent of the copyright owner in accordance with the provisions of the United States Copyright Law."
This permission is solely for the use described above. No additional use will be made without prior written permission. We hereby reserve all rights not specifically granted under this agreement.
If you wish to proceed, please submit your payment via credit card by clicking on the link below.
Upon receipt of your payment, a receipt will be issued, which together with this letter shall constitute permission for the usage set forth herein.
(all the italics, bold type, and pretty colors are mine...)
And heads up -- THIS is the important legal stuff.
Please read this carefully....
Dear Carol:
Thank you for your request.
Upon payment of the fee set forth herein, this letter shall constitute permission for the non-exclusive right to reproduce, at your sole cost and expense, the indicated number of copies of the above-referenced arrangement(s).
Use is non-assignable and will be handed out to participants of the Mountain Dulcimer Adding New Dimensions workshop at the Pocono DulcimerFest in Stroudsburg, PA on April 26, 2019, only.
The fee for this use shall be U.S. $30.00.
The copies will be identical to the original arrangement(s) including the copyright notice. The following will be legibly included on the first page of each copy of your reproduction:
"This reproduction is made with the express consent of the copyright owner in accordance with the provisions of the United States Copyright Law."
This permission is solely for the use described above. No additional use will be made without prior written permission. We hereby reserve all rights not specifically granted under this agreement.
If you wish to proceed, please submit your payment via credit card by clicking on the link below.
Upon receipt of your payment, a receipt will be issued, which together with this letter shall constitute permission for the usage set forth herein.
(all the italics, bold type, and pretty colors are mine...)
I actually had no plans to teach this song at a workshop -- this was strictly for my own information, and to share with my readers on this website. So I thanked them for their time, and forgot about it.
Here's what I received several months later: (And I'm including this because it also emphasizes the legal issues that surround this whole permission procedure:
Dear Carol,
Your request (#1506718) has been pending without response for over 60 days.
If you wish to proceed with this project, please make your payment via the link included in our correspondence below. If we do not hear from you within seven (7) calendar days, we will consider this project canceled and all contingent permission withdrawn.
Please be advised that any use of a copyrighted composition without formal permission is a violation of copyright law.
Thank you for your cooperation. We look forward to hearing from you.
I sent them a short email, thanking them for their time, but also letting them know that I was canceling the project.
Here's what I received several months later: (And I'm including this because it also emphasizes the legal issues that surround this whole permission procedure:
Dear Carol,
Your request (#1506718) has been pending without response for over 60 days.
If you wish to proceed with this project, please make your payment via the link included in our correspondence below. If we do not hear from you within seven (7) calendar days, we will consider this project canceled and all contingent permission withdrawn.
Please be advised that any use of a copyrighted composition without formal permission is a violation of copyright law.
Thank you for your cooperation. We look forward to hearing from you.
I sent them a short email, thanking them for their time, but also letting them know that I was canceling the project.
So. Bottom Line: If I want to hand out 20 copies of my arrangement of a song under copyright protection, it would cost $30. I would ONLY be able to do this at the Pocono DulcimerFest on April 26, 2019. If I wanted to teach the same arrangement again at the Crooked Road Dulcimer Festival in May of 2019, I would need a separate permission and would also pay another fee, depending on the number of workshop attendees at that festival.
Some of the festivals I attend pay a very small amount to their non-featured workshop leaders, and while the $30 licensing fee was surprisingly low for this particular event, I needed to make a decision as to whether the cost would be worth it to include this one piece in the packet I distribute to my attendees.
With all the hundreds and hundreds of copyright-free public domain pieces out there, for me, it doesn't make sense to include a copyrighted tune, no matter how much I may love it. But at least I know now that it is easy to do and it's not ridiculously expensive if I decide to do this in the future.
But most important is knowing that I have "done the right thing," and have not violated any copyright laws.
Some of the festivals I attend pay a very small amount to their non-featured workshop leaders, and while the $30 licensing fee was surprisingly low for this particular event, I needed to make a decision as to whether the cost would be worth it to include this one piece in the packet I distribute to my attendees.
With all the hundreds and hundreds of copyright-free public domain pieces out there, for me, it doesn't make sense to include a copyrighted tune, no matter how much I may love it. But at least I know now that it is easy to do and it's not ridiculously expensive if I decide to do this in the future.
But most important is knowing that I have "done the right thing," and have not violated any copyright laws.
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