Box 5 Productions is committed to copyright compliance in accordance with the copyright laws of the United States.

The information contained within this page are available from the Music For All copyright information pages. If you have any questions please feel free to send us an email at support@box5productions.com and we will do our best to help you understand the law and your requirements as a participant or director in the copyright world.

All information contained within the Music For All Copyright Guide is applicable to Box 5 Productions. We feel that Music for All has the most complete informational database in terms of copyright compliance and would liek to suggest that you take the time to visit these links and familiarize yourself with the information contained therein.

Participant Requirements

This contains new requirements. Below is a list of deadlines you MUST comply with in order for your group to videotaped. Units that do not meet these requirements will not be permitted to participate.

October 16: COPYRIGHT REPORT DUE: Box 5 Productions requires a list of the music you will perform. This information is given to us on your Copyright Report, a copy of which is available for download (PDF format). The Copyright Report requires that you include the original name, composer, copyright owner, and arranger for each song.

October 16: $250.00 fixing fee due to Box 5 Productions for each song listed in the Additional Requirements section below.

October 16: Synchronization licensing for any composition listed in the Additional Requirements section below.

October 16: Copies of all licenses obtained to create custom arrangements of the songs contained in your show.

Over the past several years, compliance with copyright law has become a matter for close scrutiny by the copyright owners and publishers of copyrighted music. A license to arrange (requested by you) and a license to record and distribute videos (requested by Box 5 Productions) must be obtained prior to any use of a copyrighted song. We strongly encourage you to submit your request to arrange in writing to publishers as soon as possible. The licensing process should be completed before you begin arranging your music. If you allow a minimum of 6-8 weeks to obtain a license then you should be able to submit your proof of copyright clearance (permission to arrange) with your Copyright Report by October 16. Any band that does not have proof of copyright clearance for their custom arrangements will not be recorded or videotaped at their event.

Please note that even though you or your band in a previous year may have received clearance for a selection you want to play this year, you are still required to provide documentation. Permissions are usually granted to specific bands (and sometimes specific performances) by on a case by case basis. The Composition and Publisher Database on the Music For All Web site provide a helpful guide of contact information for various companies.

In addition to obtaining permission to arrange, the use of specific works will require that you take additional steps to ensure that Box 5 Productions will be able to record and distribute video recordings of your performance. Box 5 Productions must obtain, or be provided with, the right to record and distribute copyrighted music prior to distribution.

Please carefully review the Additional Requirements section below for more information.

ADDITIONAL REQUIREMENTS

Because Box 5 Productions is committed providing videos containing the performance of every school participating during events in which Box 5 Productions is producing video material, bands that choose to perform works by the following publishers/composers must comply the following additional requirements:

Additional fee required: One-time "fixing" fee of $250.00 per song

Box 5 Productions has been informed that a fee of $250.00 will be charged by the copyright owner of the works outlined below for the right to "fix" the performance to video. This fee is in addition to those fees Box 5 Productions itself pays for synchronization licensing. Box 5 Productions therefore requires bands to pay this "fixing fee," which will be passed on to the current copyright owner of each composition as a portion of the synchronization licensing process. The "fixing fee" must be submitted to Box 5 Productions by October 16 of each year. Please note that this requirement is in addition to your obligation to acquire a "license to arrange" to include each song in your show.

The composers/publishers whose works are affected by this fee are listed below:

PUBLISHER COMPOSER(S)
Amstel Music, BV Johan de Meij
De Hakse Music Publications, BV Jan Van der Roost
Philip Sparke
Studio Music Company Philip Sparke
Anglo Music Press Philip Sparke
Stormworks Stephen Melillo

Synchronization licensing required:

Bands that choose to perform compositions by the following composers/copyright owners MUST ALSO SUBMIT WRITTEN PERMISSION FROM THE COPYRIGHT OWNER AUTHORIZING BOX 5 PRODUCTIONS OR ITS DESIGNEE TO VIDEORECORD THE WORK AND TO REPRODUCE AND DISTRIBUTE UP TO 1,000 COPIES OF THE RECORDING OF YOUR PERFORMANCE.

Your band will be solely responsible for paying the costs associated with obtaining these permissions/licenses, including the payment of any license fees or royalties. Proof of permission/license must be submitted to Box 5 Productions by October 16.

*Below is a list of the songs, composers, and publishers that for which Box 5 Productions requires this additional step for video production:

Composers (all works):

• Robert Lamm
  
• James Pankow
  
• Prince
  
• John Lennon
  

Composers (specific works):

• Björk (Joga and The Anchor Song)
  
• Paul McCartney (songs performed by The Beatles)
  
• Bruce Springsteen (Born In The USA)
  

Publishers (collections, in their entirety):

• Arc Music Group, including Goodman Music, Conrad Music, Sunflower Music, Jewel Music, Regent Music
  

Publishers (specific works):

• Paramount Pictures (specifically music including the Mission: Impossible Theme, music from Forrest Gump and The Godfather (entire series of movies). If you choose to perform songs from other Paramount Pictures movies, please contact Box 5 Productions as soon as possible so that we may confirm that licensing is available and appropriate for Box 5 Productions.
  

Other Restricted Compositions:

• Music from any James Bond movie, regardless of publisher
  
• Music from any Paramount Pictures movie as stated above, regardless of publisher
  
• Any Beatles song written by John Lennon or Paul McCartney (see above)
  
• The song "Hotel California" (by The Eagles)
  
• The song Break on Through (and other songs by Jim Morrison)
  
• Music from the Disney Pirates of the Caribbean movies
  
• "Brazil (Main Title)" by Michael Kamen
  
• "Barbarian Horde," "The Battle," and "Progeny" from the Motion Picture "Gladiator"
  
• "Sweet Home Chicago" by Woody Payne
  

*In some cases, the songs listed above were included because the copyright owner has already advised Box 5 Productions that they are not willing to grant video synchronization rights for marching band videos.

This list may change as we gain more information concerning the wishes of the composers and copyright owners and our ability to license recordings upon terms we deem appropriate.

Please be reminded that the requirements listed above are in addition to your obligation to acquire a "license to arrange" for each custom arrangement contained in your show. In addition, you should also exercise care to ensure that you have permission to use any copyrighted visual images in your show. The general rule is, "when in doubt, seek permission."

Important Links

>> Search the MFA Copyright & Print Holder Database <<

BMI.com
ASCAP.com
harryfox.com
sesac.com
mpa.org
copyright.gov

For those who say "I know I need to obtain 'Permission to Arrange,' but I just don't have the time to take care of it myself!"

USE BOA's Copyright Service

Pay your Fixing Fee HERE

Important Forms

Box 5 Copyright Report Form

Box 5 Original Composition Form

Permission to Arrange Form

Complete Copyright Requirements / Participant Requirements

WHAT YOU ARE REQUIRED BY LAW TO DO
Bands or arrangers seeking to arrange music for a marching band must seek "Permission to Arrange" from the company or individual that holds the "print rights" to the music. The "print rights" holder may or may not be the same as the "copyright owner." The copyright owner sometimes publishes its own music or it may grant "print rights" to a music publisher (such as Hal Leonard or Alfred Publishing Co.) to arrange their music for band. Copyright owners often empower the music publisher with the right to grant or deny requests for permission to arrange (such as you are seeking). You will seek permission from either the copyright owner or the music publisher, depending on their contract. The Composition and Publisher Database are designed to assist you in finding the "print rights" holder.

Keep in mind also that any spoken text or visual ideas that you take from another work are also copyrighted and may require permission to use.

REMEMBER: You are required by law to acquire your permission to arrange before you begin your arrangements. Do not wait until your entire show is finished.

PERMISSION TO ARRANGE GRANTED IS SPECIFIC
Permission to Arrange is usually granted to specific arrangers, for specific performances, by specific bands, and usually for a given year. The Composition and Publisher Database is designed to give you assistance in locating the "print rights" company. It is not an approved list. Furthermore, contracts between copyright holders and music publishers can change from year to year. A license granted in the past does not guarantee that it will automatically be granted this year. Each band should submit its own request as early as possible, prior to selecting its program.

Your approved arrangement is generally the property of the original copyright owner not the property of the band or the arranger. You may not loan or sell your arrangement to another band without first obtaining permission from the "print rights" holder. Additionally, you may not purchase an arrangement from another band or arranger without first acquiring permission from the copyright owner or music publisher. In addition, some companies may require that you forward scores and/or parts as a part of your contract.

WHAT CONSTITUTES A NEW ARRANGEMENT?
In addition to unpublished compositions, new arrangements include: "rearrangements" of another marching band arrangement or drum corps arrangement, arrangements from a concert band piece, and arrangements with "added or new percussion parts."

Please note that ANY SIGNIFICANT ADJUSTMENTS to works already published for concert band, marching band or other instrumentation constitute a "new arrangement" (i.e. cuts made from a published concert band piece "played the same way" but with added drum part is a new arrangement) If you are performing a published marching band arrangement as written you do not have to obtain permission to arrange.

HOW ARE ASCAP, BMI, & SESAC USED?
ASCAP, BMI & SESAC are the three principal organizations that collect performance royalties for composers and publishers in the United States. They only grant the PERFORMANCE LICENSES that the venue and/or the promoter (i.e. Music for All) are required to obtain. They do NOT grant permission to arrange or reproduce. ASCAP, BMI & SESAC, however, do offer resources to assist in determining the "copyright owner" (not necessarily the same as the "print rights" holder). If the music you wish to arrange is not in the BOA Composition and Publisher Database, you might want to visit ASCAP.com, BMI.com, or SESAC.com's online resources to determine the copyright owner. You may search by title and/or composer on each site.

Once the "copyright owner" is known, it is your responsibility to contact them to determine who controls the "print rights" (either the copyright owner themselves or their designated music publisher). Music for All endeavors to list the print rights holder on the Composition and Publisher Database, rather than the copyright owner (if different). ASCAP, BMI & SESAC information can be obtained online at the following links and phone numbers:

ASCAP (212.595.3050) BMI (212.586.2000) SESAC (615.320.0055)

MUSIC PUBLISHER INFORMATION
Another good reference is the Music Publishers' Association's Directory of Music Publishers. This list is submitted by the membership of the Music Publishers' Association, the National Music Publishers Association and the Church Music Publishers Association. The list is a comprehensive listing of publishing companies, their parent companies, and full contact information. You can view the list online or request a copy for your files. Their website, mpa.org, also contains links to other companies dealing in copyright and has several helpful documents regarding copyright.

HOW TO OBTAIN PERMISSION
Print rights holders vary in their systems and methodologies for receiving requests for permission to arrange. Generally, however, you can fax, mail, or e-mail a written request for each composition to the "print rights" company. There are various standard "Permission to Arrange" forms available that you can use, as well as the version Box 5 Productions suggests. In most cases the more information you give a company the more cumbersome the process becomes. Your best option is to simply fill out and submit a "Permission to Arrange" form. Multiple page letters stating what you plan to do with the music, a history of your school/band, etc. generally are not necessary and, in some cases, result in unnecessary charges or denial to you and your school.

It is important to note that Hal Leonard requires that all requests be submitted via their website. You should allow approximately 6 weeks to complete their licensing process.

Whatever you do, submit your request as early as possible, and be sure to keep a copy for your records. Publishing companies receive a large number of requests. We advise that you be diligent by calling after 30 days and making sure that your request has been received and is being processed. If permission is granted, you should receive a signed copy of the "Permission to Arrange" form from the company or a letter granting permission on the company's letterhead. In most cases there will be a fee for the license. The license itself will usually indicate that permission will be granted "once the fee is received." Fees have typically ranged from $50 to $250 per song; however some fees for permission may be substantially higher. Each print right holder has a different policy. Box 5 Productions must receive a copy of your SIGNED "Permission to Arrange" form or the letter from the publisher granting you permission before your band can be videotaped perform at events where Box 5 Productions is the video provider. Licenses must be signed by you and the publisher.

In addition, you should also exercise care to ensure that you have permission to use any copyrighted visual images in your show. The general rule is, "when in doubt, seek permission."