{"id":369077,"date":"2019-10-21T07:00:44","date_gmt":"2019-10-21T11:00:44","guid":{"rendered":"https:\/\/newmusicusa.wpengine.com\/?p=369077"},"modified":"2021-06-01T15:48:39","modified_gmt":"2021-06-01T15:48:39","slug":"what-you-get-and-what-you-give-permission-and-compensation-for-setting-a-text","status":"publish","type":"post","link":"https:\/\/newmusicusa.org\/nmbx\/what-you-get-and-what-you-give-permission-and-compensation-for-setting-a-text\/","title":{"rendered":"What You Get and What You Give: Permission and Compensation for Setting a Text"},"content":{"rendered":"
Once you\u2019ve found a writer whose words you want to set<\/a> and discussed some basic logistics and interpersonal concerns relating to your partnership<\/a>, you\u2019ll transition to discussing rights, permissions, and compensation.<\/p>\n Copyright for Pieces Using Text<\/strong><\/p>\n Who owns what rights will depend on the nature of your collaboration and what you negotiate. For transactional partnerships involving pre-existing text, the author\/publisher keeps the copyright of the words, but allows the composer to use them in their piece. The composer then owns the copyright for the resulting musical work, but not the copyright for the words. If the author is creating new text for the composer to set, the same generally will be true.<\/p>\n However, if a composer and writer are co-creating the words and music (for example, in musical theater or a similar song-writing situation), then they might equally share the rights to both words and music. Contracts for that type of arrangement differ significantly enough from general text-setting agreements that they are outside the scope of this article.<\/p>\n Text-Setting Permissions<\/strong><\/p>\n The heart of a text-setting agreement\u2014whether for an already written text or a new one\u2014includes the permissions granted to the composer and what compensation they provide in exchange. When the copyright holder of a written work grants a composer text-setting permission, they are licensing the text to the composer for specific uses. How exactly the composer can use the text and what they can thus do with their composition depends on the permissions granted.<\/p>\n There are six permissions a composer should get:<\/p>\n 1.) to use the text in a musical composition<\/p>\n 2.) to license public performances of the resulting composition<\/p>\n 3.) to publish and sell the resulting composition<\/p>\n 4.) to have the resulting composition recorded (audio and video) and to permit the commercial release, synchronization, and\/or other transmission of such recordings<\/p>\n 5.) to print the text with proper credits in concert programs and liner notes for recordings<\/p>\n 6.) to create arrangements or similar derivative works of the resulting composition<\/p>\n Permission 1 allows you to incorporate the author\u2019s words into a musical setting. Everything else depends on this license being granted.<\/p>\n Permission 1 may or may not be exclusive, and exclusivity may be given in perpetuity or for a specific amount of time. If possible, I prefer to get exclusivity for at least a few years for art songs or choral works, and in perpetuity for dramatic works. If I receive exclusivity for a fixed term, I make sure the agreement specifies that I will continue to have non-exclusive permission after exclusivity expires.<\/p>\n When giving text-setting permission, some authors\/publishers may stipulate how the text can be set. Most commonly, they could prohibit the composer from changing the text. Others may allow repeating lines or words but forbid other alterations. Or, they might indicate that any proposed modifications must be approved by the author\/publisher. Less commonly, an author\/publisher may also give guidelines about the music itself. I personally have not encountered this issue, but it does happen. Still, unless an author\/publisher insists on it, specifying details about the musical composition in the text-setting agreement should be avoided.<\/p>\n In any case, if the author\/publisher includes a stipulation that is a deal-breaker for you, try to negotiate with them. If that doesn\u2019t work, you\u2019ll need to decide if you can live with that arrangement or if you should walk away.<\/p>\n Permissions 2-4 ensure your composition will have a long, productive life. More performances means more performance royalties, more music sales\/rentals, and more possibility for future career growth. Recordings are vital for the same reason. Even if they are not directly generating income, recordings can help to attract potential performers, presenters, and commissioners. And if you do release a recording commercially or license it for use in film or on television, you and the author\/publisher will receive added income. Allowing performances, recordings, and publication thus benefits all parties.<\/p>\n Permissions 1-4 are essential. Do not set a text without them.<\/p>\n