Transcribing music and the legality of using musical transcription

Question

I'm learning to play an instrument and I would like to transcribe the songs I heard for later practicing. I have some questions regarding transcribing music and the legality of using musical transcription:

1. Is it legal for me to transcribe a copyrighted song?
2. Do I need permission to sell or give away my musical transcriptions for free, in both when case the transcription may imitate the original sounds or is a recomposition of the songs.
3. Can I perform the transcription in public, and the performance may involving profits for myself (i.e selling tickets, crowd donation, selling performance recordings...)

Answer 1

You can do whatever you want for your own personal use. When you then go to publish your derivative products, you run into issues. Just use it for your own enjoyment, and leave it at that.

Performing in public, a song written by someone else, whether you copy their arrangement (i.e. play it note-for-note as they played it) or use your own arrangement, involves a performance royalty to the songwriter. This is typically owed/paid by the proprietor of the venue or the promoter. You, as a performer, may also be wearing one of those hats too. Your obligation would be to the performance rights society that the original artist lists their music: ASCAP, SESAC, BMI, etc.

If you sell recordings of your own version of someone else's song, you have wandered into something slightly different, a mechanical license. That is (in the USA) managed by the Harry Fox Agency, and there are statutory rates for what you need to pay, per copy manufactured.

Put very simply, none of this matters until that moment when money start changing hands. If you learned songs for 50 years, copying them down to paper for your own edification and enjoyment, but not disseminating those charts or selling recordings of your performances, you have no obligations. The moment you start making money... or somebody makes money, you wade into the copyright/licensing world.

Answer 2

Is it legal for me to transcribe a copyrighted song?

Transcribing a musical work is still making a copy, even if it is for personal study and is never sold, or even shared. It might be fair use in the US. It is unlikely to attract a suit even if technically it could. But if someone transcribes and gives away many copies of music now in print, a suit would probably follow. However, copyright infringement is not (in most cases) a crime. Unless the copyright owner chooses to file suit, nothing will be done.

Do I need permission to sell or give away my musical transcriptions for free, in both when case the transcription may imitate the original sounds or is a recomposition of the songs.

Yes, permission is needed for this. Making copies, and making derivative works based on a protected works, are both rights of the copyright owner, and neither may be done without permission, unless an exception to copyright applies (such as fair use or fair dealing). In some countries there is a specific exception for personal use, but there is not under US law. Copies for personal use will often come under fair use, but far from always. And distributing copies widely is much less likely to be fair use, even if there is no charge made.

Can I perform the transcription in public, and the performance may involving profits for myself (i.e selling tickets, crowd donation, selling performance recordings...)

Not without permission. A copyright owner also holds a right of public performance. If the copyright owner belongs to a performing rights society such as ASCAP (as many professional composers and song writers do) then the rights will be available on stated terms from such a society. If the performance is at a venue that often hosts musical performances, it is likely that the venue has secured a general performance license for all works covered by the various performing rights societies, and the performer need take no further action. But those rights will not usually cover distributing copies of a recording of the performance.

In some circumstances a compulsory "mechanical" license is available for cover versions of already published music is available. A fee must be paid for this, and specified procedure must be followed, but if the conditions apply the copyright owner has no right of refusal.

Answer 3

You can transcribe music, but if you want to publish it, you should include artist and producer and make it clear that it is not your original work.

The issue of profiting from it has not really been exercised as to the issue of royalties and fair use, to my knowledge. As the notion of law is rooted in both liberty (your exercise) and justice (theirs), it would certainly be fair to offer something to the original artists or production companies should you get significant benefit.