Sample Letter of
Request for Permission to Arrange Music
Date:
Publisher:
Address:
Attention:
Re:
Arrangement Agreement
Dear Sir or
Madam:
This letter
sets forth the terms upon which ________________________ [The Publishers] shall
commission ___________________________________ [The Arranger] (the Publisher
and the Arranger shall collectively be referred to herein as the parties) to
create an arrangement of ____________________ [Composition Title] by
_____________________ [Composer] (The Arrangement).
Ownership of
Arrangement.
The parties
specifically acknowledges that the Arrangement, at all stages of development, shall
be considered a work made for hire, as contemplated and defined in section 101 of
the United States Copyright Act as in effect on the date of this letter
agreement, and as may be amended from time to time hereafter, as a specially
ordered and commissioned work prepared for publication as a secondary adjunct
to a work by another author.
To the extent,
if at all, that the Arrangement is determined not to be a work made for
hire,the Arranger, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, hereby assigns, sets over,
transfers and conveys to the Publisher all right, title and interest the
Arranger may have had, now has or hereafter may have in and to the Arrangement,
including without limitation any and all copyrights and copyright rights
therein arising under the laws of each territory of the universe, to have and
to hold absolutely for the full term of each and every such right including any
renewal, reversion, extension, restoration or revival now existing or hereafter
created or discovered.
Description
of Arrangement.
The
Arrangement shall be for _______________________________________________[type
of arrangement] in ________________________________ [number of instrumental and/or
vocal parts].
License to
Reproduce.
Provided
that the Arrangement is used only in connection with a performance by _____________________________
[the Institution] on _______________[date] and that such performance is done
without any purpose of direct or indirect commercial advantage, that Arranger
and/or the Institution shall be permitted to produce no more than _____ copies
of the Arrangement. In consideration for the foregoing grant, the Arranger shall
pay the Publisher US$_______________, contemporaneous with the complete execution
of this letter agreement.
Reservations
of Rights.
All rights
in and to the Arrangement, except as specifically granted to the Arranger herein,
are hereby reserved by the Publisher for the Publisher’s use. The Arranger specifically
acknowledges that no right to record or reproduce additional copies is granted
by the Publisher herein. Any such further reproduction, recording and/or distribution
of the Arrangement shall be by a separate permission upon the Arranger’s written
request, and at the discretion of the Publisher. The Arranger shall not further
distribute, sell, loan, lease and/or rent the copies of the Arrangement made
pursuant to this letter agreement to any third party for any purpose
whatsoever.
Credit.
Each copy of
the Arrangement shall bear on the title page or at the head of the first page the
following inscription:
This
arrangement was prepared by permission of ___________________ [the Publisher], copyright
owner.
Each page of
the Arrangement shall bear the following copyright notice:
© 200__
Publisher, All rights reserved.
Gratis
Copies of the Arrangement.
The Arranger
shall provide the Publisher with three (3) gratis copies of the Arrangements within
____ days following Arranger’s completion of the Arrangement.
Arranger’s
Representatives and Warranties.
Composer
hereby represents and warrants that:
Neither the
Arrangement nor any part thereof will violate or infringe the copyright
orliterary, music, personal, private, civil or property right of any third
party; and Nothing contained in this Agreement contravenes any pre-existing
agreement which Arranger may have with a any third party.
This letter
agreement constitutes the entire understanding of the signatories concerning
its subject matter, shall not be amended except in a writing signed by all of
the signatories hereto, and shall be interpreted according to the internal laws
of the State of New York.
If the
foregoing correctly sets forth the parties· understanding, please confirm such
by signing all copies where indicated. This document may be executed in
counterparts which taken together shall constitute a single instrument. Please
return one fully executed copy and the permission fee to the above address.
Sincerely
yours,
_________________
Arranger
___________________
Date
Accepted and
Agreed to:
Publisher
By:__________________
Name:________________
Date:_________________
PERMISSION
DENIED BY PUBLISHER BECAUSE:
[ ] The
Arrangement is available for sale.
[ ] The
Arrangement is in the process of publication for sale.
[ ] May not
be arranged due to contractual commitments
[ ]
Other:__________________________________________.