Is it Legal to Commission Arrangements of Possibly Copyrighted Music?

The Uncertainty

When it comes to commissioning arrangements of possibly copyrighted music, clarity isn't always easy to find. Are you involved in producing a sound recording of the work or requesting someone to create a new arrangement as a work for hire?

Producing a Sound Recording vs. Commissioning a New Arrangement

If you already have a mechanical license to produce a sound recording of the song, you might have some room to present it in a way that conforms to your interpretation or concept of the song. However, if you alter the arrangement so significantly that it becomes a derivative work, you might be stepping outside the scope of what is licensed for. While there isn't an exact test, things usually go well as long as you maintain the spirit of the original work.

Commissioning a New Arrangement

On the other hand, if you simply ask someone to create a brand new arrangement of a protected work on a work for hire basis, there's a strong likelihood that the person would be infringing the copyright, and you could be considered a contributory infringer. Contributory infringement involves providing a service that facilitates the infringement of copyrighted material.

Legal Precedents and Interpretations

Legal advice is always subject to interpretation and can vary based on the specific circumstances. A detailed legal opinion would require a thorough analysis of the facts involved. If you're seeking legal guidance for a particular situation, it's advisable to consult a licensed attorney who can provide tailored advice.

No legal advice is intended in this post.