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| ===================
| Singing Legal Music
| ===================
| 
| Get some insight into copyright procedures.
| 
| Singing Legal Music
| 
| By John Schneider, Society Legal Counsel & Joe Liles, Publicationb
| 
| For far too long, the Society has not enforced the requirement that 
| choruses and quartets sing only legal music in our contests.
| Because of the potential liability for songs that we want to/have put 
| on CDs and now DVDs, we can no longer put ourselves in an exposed 
| position.
| 
| Therefore, effective immediately, we expect that all quartets and 
| choruses will sing only cleared, legal music in all contests.
| We will expect that all choruses and quartets will completely fill out 
| all the required contest entry forms in a timely manner and that they 
| will have performed the required steps to make sure that all their 
| songs are legal and that they have legal permission to sing every one 
| of those songs.
| 
| Regarding enforcement -- if it is determined prior to a contest that a 
| song on their entry form is not legal and that they are planning on 
| singing that song, they will not be allowed to perform.  If it is 
| determined after a contest that they have performed illegal music, 
| they will be disqualified and will lose their placement and medal, 
| where appropriate.
| 
| We ask that the CJ-20 form, paragraph 5, which says "We certify that 
| we have complied with the copyright law in the acquisition and 
| learning of our contest songs/arrangements.  We understand that 
| ineligibility will be the consequence for violation of this statement" 
| be bolded on the form for purposes of emphasis.
| 
| Making this announcement now will give choruses and quartets 
| sufficient notice of the enforcement aspects of this policy.
| If a song has been purchased from the published or unpublished catalog 
| of the Society, it is legal.  If obtained from any other source, it is 
| the responsibility of the chorus and/or quartet to contact the 
| arranger to determine if clearance has been given for the use of that 
| music.  If there is still a question after contacting the arranger, 
| the chorus or quartet should contact the Society office for further 
| assistance.
| 
| We ask that you publish this information far and wide.  We will do the 
| same.  It is important to note that this is not just another empty 
| gesture (you know, another warning that is never enforced).
| All it takes is one lawsuit to cause the Society much grief.
| We cannot allow that to happen.  Maybe we've been lucky so far but we 
| cannot depend on that good fortune continuing.
|   
| =======================================
| A Few Facts Concerning Copyright Issues:
| =======================================
|   
|   * Songs and arrangements written before 1923 are in public
|     domain (no longer protected by copyright). 1923 songs become
|     public domain in 2018.
|   
|   * Songs and arrangements written from 1923 thru 1978 are
|     protected for 95 years from their year of creation. Arrangements
|     of those songs are the property of the owner of the song,
|     not the arranger.
|   
|   * Songs and arrangements written since 1978 are protected for
|     the lifetime of the composer(s) plus 50 years. Arrangements of
|     those songs are the property of the owner of the song, not the
|     arranger. However, an arrangement of a public domain song can
|     be copyrighted by the arranger.
|   
|   * To arrange a song, an arranger must be granted permission by
|     the owner of the copyright of that song. Until permission has
|     been granted, it is in violation of copyright law for a copy of
|     the b
|     arranger(s) and performers would be exposed to litigation.
|   
|   * The arranger of a protected song has no distribution rights to
|     that song, other than that allowed in the agreement between the
|     copyright owner and the arranger. Any distribution of subsequent
|     copies is an exclusive right of the copyright owner, not the
|     arranger, unless the arranger owns the copyright.
|   
|   * Singing illegal music on shows and in contests is in violation
|     of copyright law. For many years our competitors have vouched for
|     their compliance by signing the contest registration form that
|     includes this statement: #4. b
|     with the copyright law in the acquisition and learning of our
|     contest songs/arrangements. We understand that ineligibility
|     will be a consequence for violation of this statement.b
|   
|   * Consideration is being given to making this statement more
|     predominant and clearer, since ineligibility can be declared
|     before or after the contest.
|   
|   * BHS is in full compliance with copyright law and expects
|     all members to be the same. Copyright law as it pertains to
|     our organization has been covered at COTS, Harmony College,
|     publications, and in many district schools for years.
|   
|   * Enforcement of copyright laws is our obligation and is meant
|     to protect the Society and its units from litigation. It is
|     not intended as a punitive action against any quartet or chorus
|     but is necessary for legal protection.
|   
|   * The Society has had the rules in place for many years that
|     allows for disqualification and/or ineligibility in contest
|     situations. We have now given notice of our intent to make our
|     performing units comply with federal law as well as Society
|     rules and regulations.
|   
| ====================================================
| Acquiring legal arrangements for shows and contests is easier than you 
| might think.
| ====================================================
|   
|   * All arrangements purchased from BHS, published or unpublished,
|     have been legally cleared. For a complete list, updated daily,
|     go to our website.
|   
|   * Before you get an arrangement from outside the BHS catalog,
|     and if you are concerned about the legality of the arrangement,
|     you should ask for a copy of the signed form of approval between
|     the publisher/owner and the arranger.
|   
|   * If an arrangement needs clearance the Society provides
|     this service. Just plan ahead. On the average it takes
|     from 30 to 60 days to hear back from a publisher. Contact:
|     library@barbershop.org or call 1/800 876-7464 ext 8476.
|   
|   * On the BHS website do a search for b
|     and get a free document explaining many more details including
|     recordings.
|   
|   * Purchase b
|     2nd Editionb
|     6072. It is only $13.95.
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