IMSLP Forums

Hello,

This is a long running problem that we're trying to get to the bottom of, perhaps someone here can provide a definitive answer as we're having problems tracking down actual facts. I hope it's not inappropriate to ask these questions here:


Overview
We run ScoreExchange .com where composers and arrangers can publish printed music on-line. Only new arrangements of out of copyright material and original compositions should be on the site. We have defined 'out of copyright' to mean that the original copyright holder died more than 70 years ago.

The problem
We have arrangers who have made arrangements of music by George Gershwin and wish to publish it on our site. They have not included any lyrics in their new arrangements.

We have other users who tell us that this should not be allowed because the copyright on George Gershwin's music is extended until 70 years after the lyricist died (Ira Gershwin), despite the fact that the new arrangement does not make use of the original lyrics.

Additional information

• We understand that it is generally the case under UK law that lyrics are treated separately to music where copyright is concerned.
• Amendments to EU Directive 2006/116 seems to suggest that words and music should be considered a single work for copyright purposes.
• We do not know how or if this directive and it's amendments have been adopted into UK law.
• We are a UK based Ltd Company. All of our on-line servers are located on the UK.

The questions
1. Are Lyrics and Music currently treated as separate works for copyright purposes under UK law, or is the song (words and lyrics together) treated as a single co-written work.

2. Even if the music is treated differently from the lyrics, making new arrangements legal, this would possibly only apply to UK law. As we are trading on-line with customers all over the world, are we obliged in anyway to prevent visitors from other countries (where such an arrangement might not be legal) from gaining access to these new arrangements of the music?

I hope someone can help.

Thanks!

ScoreExchange wrote:1. Are Lyrics and Music currently treated as separate works for copyright purposes under UK law, or is the song (words and lyrics together) treated as a single co-written work.

One of the copyright reviewers should probably answer this, but my understanding is that if you take the words out, and only use the (wordless) melodies as an instrumental piece, the lyricist is not entitled to any money.

However, if you are publishing an accompaniment (without words) that clearly is intended to be used with the words that a singer is supposed to source elsewhere, then your intent is that the words get used, in which case your intent is to circumvent copyright, which will be deemed illegal.

Copyright reviewers, do I have this right?

You basically have it correct. That's pretty much how it works here in the USA. Other countries might have different interpretations.