Subject: A-Cappella Music FAQ, Part 4/6
Date: 10 Sep 1995 22:52:35 GMT
Summary: Information About A Cappella (unaccompianed vocal music)
URL: http://www.best.com/~casa/FAQ1.html
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The rec.music.a-cappella & alt.music.a-cappella Frequently Asked Questions
Part Four: Arranging, Performing, and Recording A Cappella
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Questions answered in part 4:

Q. I just started a group. What should I do?

Q. Can anyone give some tips on transcribing music from a recording?

Q. Can anyone give some tips on translating an SATB score for use by my
TTBB/SSAA group?

Q. Can anyone recommend any books on arranging popular a cappella music?

Q. What is the best microphone technique for a four part a-cappella group?
Does one mike work well or should everyone have a mike?

Q. What types of microphone are best for a quartet?

Q. My group has a few shows coming up. How do I let people know?

Q. What should we do about members missing or being late for rehearsals?

Q. My group just made a recording. How do I start publicizing it?

Q. What can you tell me about copyright & legal issues as they pertain to 
a cappella?
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Q. I just started a professional group. What should I do?

     Believe it or not there are several things you should do right away
before you start singing:

     1) Choose a name, and then make sure your name is *your* name. This
consists of making sure no one else is using your name, and then obtaining
a trademark/servicemark. First, comtact CASA to see if any a cappella
groups are using your name. Then, look in Pollstar's annual music
directory or have a lawyer do a national search to make sure that there
are no other musical groups using your name. Finally, contact the US
trademark office, and complete all appropriate paperwork. The process may
be different in other contries, but it's still very important. Your name
is your product.

     2) Decide what legal entity you'd like your group to be. Partnership?
Corporation? The laws are different in each state and country. Go to City
Hall, as questions, and fill out the appropriate forms.

     3) What happens if one member leaves the group? Does everyone in the
group get paid equally? Who's responsibility is it to file taxes on your
earnings? Who's liable if you're sued? These and many other questions need
to be answered and put in writing. Your group needs a partnership or
corporate agreement, and you shouldn't delay. Talk to an attorney, and
discuss your options. DO NOT WAIT until there is a problem - often it's
too late, and you'll wasting money on lawyers and paperwork that could
have been avoided.

     4) Decide what needs to get done, and who's responsibility it is to
do it. One person can be in charge of the music, another in charge of
press kits and publicity, another in charge of sound equipment, and
another in charge merchandise. However you divide responsibility, make
sure people know what they need to do BEFORE they need to do it. 

     Once you've got these preliminary wheels in motion, you'll be able to
rehearse, perform, record, find an agent, and sign a recording contract
knowing that whatever comes your way, you're prepared. 

Q. Can anyone give some tips on transcribing music from a recording?

     When transcribing a song, listen for the bass line and melody first.
Write these down - they'll often outline the chords, and are much easier
to "pick out" of a recording than anything else. Once this is done, focus
on the rhythm of the other background parts. Once you've figured this out,
try to pick out the background parts one by one, starting with the highest
part. If you're having trouble, focus on the highest background part as a
counter melody or descant, and write it down completely. Then try to
figure out the chords, using the pitches that you have written for the
bass, lead, and top background voice. If they don't cover all of the chord
factors, mess around on the piano until you have the correct chords. Then
go back and reconstruct the background parts based on this information.
Finally, add anything else in the arrangement (vocal percussion, sound
effects, etc.)

     The more you transcribe, the more you'll become familiar with certain
conventions (chord progressions, voice leading), and you'll find you
become better at "second guessing" the original arranger.

Q. Can anyone give some tips on translating an SATB score for use by my
TTBB/SSAA group?

     For women, have the first sopranos read S, and the seconds read T up
an octave (not A); the first altos sing A as written, and the seconds sing
B up an octave.  Same idea, mutatis mutandis, for a men's group: Basses
read B, Baritones read A down the octave, second tenors read T, firsts
read S down the octave.  Schematically, then:

        Men         Mixed       Women
        T1 (-8ve)     S           S1
        B1 (-8ve)     A           A1
        T2            T           S2 (+8ve)
        B2            B           A2 (+8ve)

     The point is that this preserves the relation between the outer
voices and automatically transforms many common open voicings into
standard closed voicings with the four parts in the natural order; e.g.
the open D-major chord D-A-F#-D becomes D-F#-A-D. (Thanks to Noam Elkies:
elkies@zariski.harvard.edu)

     Note: If your tenors often sing up in falsetto range, you might try
the arrangement as is. For example, many doo-wop songs can just as easily
be sung SATB as TTBB with ever pitch in the same place.

Q. Can anyone recommend any books on arranging popular a cappella music?

     [ This is basically a straight copy of a post by Chris Hebert: ]
There is a large manual available from the SPEBSQSA on barbershop
arranging (Arrangers Manual). It is very thorough, with lots of examples,
and details three different methodologies for approaching an arrangement.
It goes into such things as song forms, harmonic progressions, chord
vocabulary, chord voicings, etc. There is also a smaller manual called The
Theory of Barbershop Harmony, which you should know first before starting
to arrange.

     A very good text on SATB arranging is Choral Arranging by Hawley
Ades, Shawnee Press, Inc. (1966) It is loaded with examples, both
classical and popular in nature. Tables of contents includes: principles
of part writing for voices, 4-, 3-, 2-, and multi-part writing,
contrapuntal techniques, special effects, treble voices, male choruses
(includes glee and barbershop, but not much detail), key and tempo
changes, intros and endings, planing arrangements, scoring arrangements,
chorus with instruments, etc.

     Hawley Ades was the arranger for the Fred Waring's Pennsylvanians,
and in the 60's he did all their radio show music (five 30 minute shows a
week plus a one hour evening show over 7 years, so he has done a lot of
arranging). Mr. Ades believes that the techniques in part writing apply to
all styles, voices, etc., and a firm foundation in music and harmony is
necessary as well. This has been the only book I have gotten my hands on
that discusses choral arranging (and was published within the last 30
years). In the bibliography section he mentions the normal books on
harmony and counterpoint that most music students use in their
undergraduate work, and some more books that I have never found:

     Delamont, Gordon. Modern Arranging Techniques - Kendor Music, NY 1965
     Wilson, Harry. Choral Arranging - Robbins Music, NY 1949

Q. What is the best microphone technique for a four part a-cappella group?
Does one mike work well or should everyone have a mike?

     Four directional mikes (hand held or on stands) are great *if* you
have a competent sound person, who understands that a properly-balanced
quartet does *not* mean that all four parts are of equal volume.
     
     Next best is one omni-directional mike. Here, though, you need to
work very carefully to keep the singers at equal distances from the mike.
Some places provide two directional mikes, which is awful. With this
set-up, try pointing the two at the center of the quartet and cluster your
group very close together.

     An important consideration is that low voices need to be closer to
mikes than high voices. The "proximity effect" occurs when a bass singer
is almost swallowing the microphone, and results in an extremely full low
sound. Each singer needs to take responsibility of getting closer to
his/her own mike at bottom of his/her range. It's safer to have individual
mikes, practice your technique and be sure to have an alert sound tech. Or
consider the intermediate approach - two singers on each of two mics. If
the heights are close enough, this works pretty well.

Q. What types of microphone are best for a quartet?

     [ From David Boyes: ] For one mike, you must have strong vocalists,
and a *very* good omnidirectional. Sennheisers work acceptably well, but
it's a lot easier to get good sound levels and balances for recording with
individual mikes. One or two PZM-style surface mikes with extension stands
work well for larger groups; for individuals and studio work, the
Sennheisers are absolutely a better choice. They don't travel well, and
they're expensive, but they're worth it in response and sound. The SM58s
are a good touring mike, but tend to have somewhat uneven spectral
response as the elements age. SM58s tend also to become more directional
with age, but that can be both a blessing and a problem if your soundman
isn't aware of it.

Q. My group has a few shows coming up. How do I let people know?

     1) Post to the a cappella newsgroups. Be sure to be clear about time
& location. It's polite to post only to your region of the country, but if
you have national fans, you can understandibly post nation-wide incase
anyone wants to make the trip. However, it's a bit unnessessary to post to
the world about an open rehearsal for your new group.

     2) Send an email to casa@casa.org - they'll include you in the a
cappella calendar in the back of the CAN, and let people know if they call
CASA for info about your group, or concerts in their area.

     3) Try "Musi-Cal" (as in Music Calendar): you can find it on the
World Wide Web at

          http://www.calendar.com/concerts/

     Basically, it's a central database of concert listings which you can
search with any web browser that supports forms (which almost all do,
nowdays).  What's more, you can add concerts that you know about to
the database with a similar method (or using email).   You can search by
genre, keyword, group name, date of concert, city of concert, number of
miles from a city(!), state, and country. It isn't just a database for a
cappella, but they have an a cappella keyword in their list of categories.
You can enter information into the database via email or the web.

     4) Contact the local media (tv, radio, newspapers,magazines). If you
don't know how to write a standard press release, there are several books
available (it's easy). Also, try to set up on-air appearances. Morning
shows (tv and radio), and multi-format radio shows are often quite
receptive.

     5) Send a mailing to your mailing list. If you don't have a mailing
list, make postcards to be filled out and have them available at every
show.

     6) Be sure to tell all of your local friends and relatives. This may
seem unnessessary or obvious, but "word of mouth" is free and very
effective.

     7) Take out small ads or classifieds in the music section of local
papers. This is best if you have a block of upcoming shows, as it gives
interested people a better chance of finding a date that works for them.

     8) Poster all local college campus sites. Also, put posters and ads
in every music-related store in the area. Make sure it's clear that you're
a cappella, and that the posters are well-designed and reflect your group
and style.

Q. What should we do about members missing or being late for rehearsals?

     [ From Dave Damouth:] The first thing that is needed is an objective
measure of the impact of lateness or absence on the rest of the group. 
It's important to get it out of the realm of emotion and personal opinion,
and establish something that is measurable independent of personalities.

     The second key thing is to separate the actual impact of the absence
from the reason for the absence, and deal with the two separately.  If
someone is absent a lot, for the best of reasons (car wrecks, command
performances at the White House, having a baby, whatever), it damages the
preparedness and quality of the performance just as much as if the excuses
were bad.  The nature of the excuses is very important too, of course, but
this is a very different kind of discussion.  When someone is missing
frequently, the discussion is, first, "how much have you damaged the group
by not being here?" and, second, quite separately, "is this behavior
likely to continue in the future and does the group value you enough to be
willing to tolerate this damage?"

     The attendance policy for Madrigalia, Dave's 16-voice madrigal group,
is stored at the CASA ftp archive.

Q. My group just made a recording. How do I start publicizing it?

     1) Send a copy to every radio station on the list in FAQ #2.
Actually, send two copies - one to play, and one for an on-air giveaway
(additional publicity, and you know they'll play at least a track, plus
you can stipulate that they mention how to order it over the radio. You'll
sell a couple in each place, at least.

     2) Send a few promotional copies to CASA. In exchange, they'll give
you an 1/8 page ad in the next CAN (or whatever's available) to publicize
the album. (Be sure to include any text you'd like included in the ad).

     3) Send three copies to primarily a cappella & tell them you'd like
them to carry it. There's no guarantee that they'll decide to sell it, but
it's definitely worth a shot.

     4) Post about your album on the internet. Be sure to mention all of
the song titles, a description of the group, and how to order. Don't post
repeatedly about your album, however - it's bad netiquette & might well
get you flamed.

     5) Take out small ads or classifieds in the music section of local
papers. Always list the best known songs on your album to generate
interest.

     6) If your'e looking to get this album everywhere, sell it for as
little as you can. $12 for a CD? $10 for a CD? The lower the price, the
higher the chance for an impulse purchase, and most of the people buying
it, not having heard your group, will have to take a leap of faith. Less
money means less leap.

     7) Poster all local college campus sites. Also, put posters and ads
in every music-related store in the area. Make sure it's clear that you're
a cappella, and that the posters are well-designed and reflect your group
and style.

     8) Approach all local stores that sell recordings to sell it on
consignment. This isn't just record stores - often department stores,
discount outlets, even convenience stores sell albums. If you want to be a
presence in your area, having your album everywhere possible will generate
curiosity.

     9) If you're a college group, contact the admissions & alumni
relations departments. Do as many shows for them as possible, and bring
lots of discs. If you get your album associated in people's minds as a
school "artifact,", people will think they have to have it. Sing a school
song every once in a while at important campus events, or the National
Anthem at school sporting events - this helps connect you with the school
in peoples minds.

     10) ALWAYS have your album available at every performance. Bring a
folding table if you must, and promotional posters. Have someone selling
them before and after every show, even if that means they have to run out
immediately during intermission and as the curtain falls so that you give
your audience every opportunity to pick up a copy. The easier you make it
for them, the more you'll sell. 

     11) Start a mailing list of people at shows (onstage say something
like "Are you guys having a good time? Well then, before you leave, get on
our mailing list"). Keep track of fans, and if you're singing at a college
be sure to get a "home" address as well as a local address, so that you're
mailing list doesn't become partially defunct every June.

     12) College Groups: perform at as many highschools as you can
(particularly prep schools). They LOVE college a cappella, and will
purchase accordingly.. Professional Groups: perform at as many fairs &
festivals during the summer as you can. Although the pay isn't always
great, you can often make more money on merchandise than your gig fee. Be
sure to sing songs everyone knows, and mention your album between every
song.

Q. What can you tell me about copyright & legal issues as they pertain to 
a cappella?

     [ Much of the following was learned from the Copyright FAQ,
maintained by Terry Carroll (tjc50@ccc.amdahl.com), posted to the
misc.legal newsgroup (and others) monthly and available for ftp from
rtfm.mit.edu under Copyright-FAQ/part[1-6]. Other info came from postings,
especially those from Jed Hartman.]

     There are many detailed facts to be understood about copyright,
especially in a field such as ours where (for example) arrangements of
other people's (already copyrighted) works are used frequently. This
section will not attempt to address all possible factors relevant to us,
but rather an overview of the laws governing copyright.

     1) The Berne Convention
     Created by a group of countries in 1886 and joined by the US on March
1, 1988, the most recent document specifying the law is the Paris, 1971
text. The main parts of the Berne Convention are as follows:

     * National treatment: An author's rights are respected in another
country as though the author were a citizen of that country. For example,
in Australia, to use material copyrighted in the US, one must adhere to
Australian copyright law, not American. This is only true if both
countries are signatories to the Convention. (Most Western countries seem
to be signatories; check out the list in the Copyright FAQ if you're not
sure)

     * Preclusion of formalities: The copyright cannot depend upon
formalities (such as copyright notices or registration) for a copyright to
hold; this is why all material since 1988 is implicitly copyright, even
without a copyright message.

     * Minimum terms of protection: The minimum duration for copyright
protection is the life of the author plus 50 years, but signatory nations
may choose to provide longer durations.

     * Minimum exclusive rights: A nation must provide for protection of
six rights: translation, reproduction, public performance, adaptation,
attribution (paternity) and integrity. Apparently US law differs from this
by removing translation and adding display and distribution, but these
points are covered by other laws (trademark, patent etc.)

     2) Public Domain material
     A work in the public domain is one that can be freely used by anyone
for any purpose. A work is public domain if:
     * the copyright has expired
     * the work is a work of the US Government
     * the work can't be copyrighted (short names, slogans etc. - however,
these can be trademarked)
     * the copyright has been forfeited. This includes publishing without
copyright notice prior to March 1, 1988 (in the US)
     * the copyright has been abandoned, i.e. the copyright holder has
made an unambiguous statement of his or her intent to dedicate the work to
the public domain.

     3) Registering a Copyright
      First of all, you don't *need* to register your work for it to be
copyrighted; since the Berne Convention, all works are copyright from the
moment of their creation. In fact, you don't even need a copyright notice
(as mentioned above), but it is a good idea: you should include a
c-in-a-circle, "Copyright", or "Copr.", the year, and your name on the
work to make an official copyright notice. There have been rulings in the
past that (c) is *not* an official copyright symbol, so watch out!

     If you *do* want to formalize your copyright by registering it, which
helps in court, you do it by filing the appropriate form with the US
Copyright Office, with payment of $20. If you call the Copyright Office
Information Hotline, and leave your name, address and form number on the
voice mail, they will send you an information package on copyrighting a
particular type of work. The number is 202-707-9100, and the packages most
readers of this group will be interested in are:

     Music (sheet or lyrics): Form PA, Package 105 and
     Music (sound recording): Form SR, Package 121

     You can also write to them at:

          Copyright Office
          LM 455
          Library of Congress
          Washington, DC 20559

     [ From here on, the info starts to come less from the Copyright FAQ
and more from varied sources and *opinion*. In some cases, these issues
have not been adequately tested in a court of law, so there are different
interpretations of the law. ]

     4) Derivative Works - the Legality of an Arrangement
     Apparently an a cappella arrangement is legally a derivative work of
the original song. The definition of a copyright infringement is for the
work itself to have actually been copied from (either wholly or to create
a derivative work), (etc.) so as far as the law is concerned, an
arrangement is the same as the original song, and the songwriter actually
"owns" the arrangement [obviously, the a cappella music idiom was not a
major concern of the individuals drafting these laws.] However, one can
copyright an arrangement of a song, as long as the arranger has been given
permission to arrange the song in the first place.

     5) Legalities of Performance, Distribution, etc.
     If you can all learn your parts just from listening to an album, you
have done nothing illegal. If you writing anything down, you are in
violation of the composer's copyright. You are legally allowed to make one
archival recording of any performance without paying any fee. An
interesting quirk to this rule is that if you have several people with
tape recorders record you singing a song, all of those tapes are legal. 
If you make one recording and copy it for all the people, you have to pay
the licensing fee.

     [Dan Wilson, ATDYW@ASUACAD.BITNET, from the Phoenix chapter of the
SPEBSQSA, says:] Serious Barbershop arrangers (not the backroom ones) get
written permission from the copyright holder to arrange a song. Our
International Office in Kenosha, WI handles the paperwork and gets
clearances for us. The fee is $10, and this allows you to arrange the song
and make 4 copies - typically for a quartet. More copies may be made up to
200 at $.20 per copy. If you want more than 200, you need to get extended
permission. We went to this formality years ago [in the 70's] as the
result of a number not-for-profit groups (churches, schools, etc.) being
sued for copyright infringement. The law allows a fine of $50,000 per
TITLE, as I recall. I'd rather spend the ten bucks and avoid the hassle.

     [Another perspective on this issue] Most songs arranged in the
Barbershop style were written between 1900 and 1949, and these songs are
owned by a limited number of consolidated publishing companies who are
eager to make any money that they can off of a song. Songs written after
1950 are difficult to chase down, and very often the songwriter or
publisher decides not to allow any arrangements of a song to be made
(because they want to wait to sign exclusive writes to be included in the
Best of the 80's songbook, for example). The result is that the law allows
any song in the world to be performed and recorded after it has been
released by any artist for the first time, but no one is allowed to jot
down notes concerning their version. There needs to be a law that allows a
licensing fee to be paid for limited numbers of written unpublished
arrangements *of any song* (like recordings). This way, songwriters will
make money, and a cappella musicians will not have to break the law to
make music.

     Performance rights are paid for by the performance location such as
clubs, theaters, auditoriums, radio stations, etc., and the revenue from
the license fees is divided among the members of the performing rights
groups.

     Mechanical license is required to make copies of audio tapes/records,
and Synchronization Rights license is required for making videos and
movies. The Harry Fox Agency handles the audio tapes and records, I'm not
sure about the videos. You send them a letter telling them the titles and
the number of copies you expect to make (not sell), and they'll send you a
bill. The rate is around 6.5 cents per title per recording for a song up
to 5 minutes long & 1.? cents for each additional minute.

     Payment is irrelevant when it comes to copyright infringement. Money
is not the primary issue - control of intellectual property is. Irving
Berlin was always very careful about allowing people to perform, or
arrange his music - whether or not it was for profit. He felt some groups
just didn't do his music justice and refused permission to them. It is a
common misconception that songs performed or arranged without compensation
do not need permission from the copyright holder. The misconception is a
result of assuming money is the issue rather than control.

     However these issues aren't entirely clear. One entertainment
attorney informs: "Yes, it's legal to transcribe a song off an album for
your own use. No you don't need permission to arrange a song, perform an
arrangement, or record an arrangement (that doesn't have altered lyrics or
melody), though you will need to pay mechanicals on recordings. Yes, you
can arrange for money, but you're selling a service & not music. You can
make copies of an arrangement for fair use - study purposes within your
group. CASA can give out a few arrangements for rehearsal & performance
purposes, but they can't be published in any way  - that right belongs to
the composer.

     As mentioned before, some of these issues aren't clear, or at least
not all attorneys agree.

     6) Fair Use
     This is a very tricky matter. Fair use governs the extent to which
the copyright rules may be "bent" if their purpose includes "criticism,
comment, news reporting, teaching, scholarship, and research." (from
Section 107 of the Copyright Act, as quoted in the Copyright FAQ).

     Four factors are used in determining whether something counts as fair use:
     1. Purpose of the use - commercial or nonprofit and educational.
     2. Nature of the work being copied.
     3. How much of the work is copied.
     4. The effect of copying on the potential market for the work.

     Things that have been considered fair use in the past by courts
include: quotations of brief excerpts of works in reviews and criticism;
use in a parody; summary with brief quotations; a teacher copying part of
a work to use in class; and so on.

     7) Work in addition
     A recent meeting between CASA and a copyright lawyer has resulted in
an additional wrinkle: if an arrangement is prepared without the melody or
lyrics included, but rather includes only the harmony parts, and is meant
to accompany the soloist or lead line, then no copyright laws have been
broken. This is similar to publishing a workbook or how-to book that
provides additional information about a copyrighted work (like a software
program or textbook) without directly copying that work. 

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End of FAQ part 4
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~
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