Is this legal???

Hi. This isn't so much a composition question as it is an arrangement question. I have recently arranged the song Hysteria by Muse for a jazz band, and I was asking my director if we could play it. (I play bass trombone in the jazz band.) He said no, due to copyright laws.

Is it true that if we make no money off of performing it, it isn't legal? Because that's primarily what a cover band is...right? I just wanted to see y'all s opinions. Thanks!

I don't know much about copyrights, but that is a great song! (Sorry, I'm rather useless with this stuff, but wait until one of the professional composers around here comes along...)

I do think it's illegal, but that's just a guess, really.

It is a great song! And it sounds VERY cool jazzed up. Haha and its ok, I appreciate the effort. :P

If you aren't making money from it I believe its ok. Even if it is technically illegal there is no way in hell you are going to get charged for it. Most small cover bands that DO make money from performances don't bother with copyright issues because nobody is going to waste their time charging you over such a small amount of money.

it is technically illegal.

the problem is, your school is then legally liable if anything happens.

Hi. This isn't so much a composition question as it is an arrangement question. I have recently arranged the song Hysteria by Muse for a jazz band, and I was asking my director if we could play it. (I play bass trombone in the jazz band.) He said no, due to copyright laws.

Is it true that if we make no money off of performing it, it isn't legal? Because that's primarily what a cover band is...right? I just wanted to see y'all s opinions. Thanks!

Yes.

Now, does that mean you will get charged/prosecuted for it? Not likely. That's why it's a very slipery slope. To be safe, just don't do it. Write something new instead.

BTW, a cover band must get permission from the authors of the song to make a cover of it, and usually, the authors will get a cut of any profits made on the cover. So, best advice, if you can get permission, then do it, by all means, if not, don't.

It's really not that deep....an easy $25 paid to harry fox agency can fix all that. Go to, I wanna say www.harryfox.com and you make it "legal." Show the license to your director and it's all good!

You're director's right, but being overly cautious with implementation. Use of Real Books is just as damaging to copyright.

Someone please correct me, but if you "backwards engineer" the song by transcribing it without any help, is that the same thing as in patent law?

BTW, a cover band must get permission from the authors of the song to make a cover of it, and usually, the authors will get a cut of any profits made on the cover. So, best advice, if you can get permission, then do it, by all means, if not, don't.

I'm sure EVERY jazz band doing standards gets permission. Or the myriad of cover bands that tour without much press.... maybe not.

You're director's right, but being overly cautious with implementation. Use of Real Books is just as damaging to copyright.

Not anymore. Today's Real Books (pulished by Hal Leonard) are completely legal. The old ones were illegal.

It doesn't matter if you make money or not. It's illegal. From a legal point of view.

Now, for a personal opinion: Who gives a dime really? I have made covers, I play covers with friends, etc. It's not the end of the world. But from the schools' perspective he is right and he could get the school in trouble, which is something to strive away from.

Do keep in mind that Muse are actually cool, and I know people who've made covers (symphonic ones, for example) and sent them to the keyboardist who is a fan of 'classical music' and he really liked it and they hooked up and so on so fourth.

Maybe getting permission from Muse is not impossible, but it's not Muse you should worry, but the agents they have and the company they have signed in. So... :-/

Fair Use law DOES give schools much more latitude in how they can use copyrighted material, but since your arrangement would be reprintable and could be distributed easily, I don't think it's covered under fair use.

You COULD, however, contact the copyright holder and offer them the arrangement for their distribution with conditional rights for performance. I doubt that would work, though, unless the arrangement is fantastic.

^^It wouldn't be the holder per se. Harry Fox Agency does the mechanical licenses for almost everybody except in the realm of classical. In the case they (HFA) don't, then you contact the publisher/adminstrator of the composition you want.

Now, I do know the owners of a famous rat, duck, dog did go after a nursery school for infringement for having pictures of their characters on the wall. Yessir, they did. That's mainly because people pay MUCH money for licensing for those likenesses and delineations.

In music (unlike art or trademarked characters) the license must be obtained to mass produce someone else's music for more thean 25 engraved copies (digital is a seperate license.) Therefore, I can record "Billie Jean" for my own car but will be in trouble if I make more than a certain amount of copies for sale.

This is one reason why one registers with ASCAP, BMI, and/or SECAC. Oh, PS: keep your publishing seperate from you! If you are independent, you own the rights but have your publisher ADMINISTER it but not own it:

Example

Thank You Lord (C. Hughes) [Admins. by Maestrowick Publishing]

© 2006 Sir Wick Entertainment

Chad "Sir Wick" Hughes owns copyright, Maestrowick administers, whereas SWE owns the master!

Someone please correct me, but if you "backwards engineer" the song by transcribing it without any help, is that the same thing as in patent law?

Transcribing is one thing, selling is another! It's kind of like how iTunes can play 29 seconds of music legally. I can transcribe anyone's music I please. Selling it requires licenses.

Well, I emailed the keyboardist from sonata arctica once, a prog rock band, and the guy emailed within a week or so.

I also emailed Ennio Morricone and he was up for me sending an interview to him via mail, but for some reason I never went through with it. I mean, It was for my studies the reply came a week or so too late. Should have still done it though damn it.

So yeah if you find the right emails for permission it's not too unlikely for them to reply

So Should I try to go to HFA and find Muse's publisher and contact them? or Muse itself? O_o

yes sir, just go there. All the instructions will be there; they will redirect you if you need to!