The automated pinning machine for making new music for Gem Roller and
Concert Roller Organettes mentioned in a previous MMD posting (020213)
is now "production" ready.  Thanks to MMD and its readers I am now
working with some experts in arranging for mechanical music who are
creating wonderful new arrangements for these organs.  We now have just
over 30 new arrangements and will be producing new cobs in a few weeks.

Some of the "new" music is still under copyright protection and so
permission should be obtained to use the music.  I have done a lot
of reading on copyright issues, including in the archives of the MMD.
As I understand it, I can summarize the copyright issues as follows:

In order to adapt or arrange a copyrighted composition to the 20-note
Gem Roller organ and sell to individuals for their own use, I need
to get permission from the copyright holder.  The type of permission
required can be looked at in one of two ways.  If the adaptation of the
music to the organette is considered a copy of the original composition
(not materially changed in adapting for the "recording"), then a
mechanical license is required.

Also, if the a mechanical license for the composition has been
previously granted to someone else, the copyright owner is required
to grant a compulsory license at a set rate.  Mechanical licenses are
often handled by a third party, most commonly the Harry Fox Agency.

If, on the other hand, the adaptation or arrangement is considered
a "derivative work" then permission/licensing must be obtained from the
copyright holder directly.  This is because rights to derivative works
always remain the property of the copyright holder for the original
composition.

I believe that the arrangements for the 20-note organettes would
correctly be considered derivative works.  So, I have begun to attempt
to find and contact copyright owners, usually large music publishing
companies, for those songs not in the public domain.  Responses have
been slow in coming as you might expect.

I have received one call back from a representative of a publisher,
suggesting that I propose to them a fee per copy that I feel would be
reasonable.  And, that I include a clause in the agreement such that
if a higher fee is later negotiated with another party they would also
receive the higher fee.  This is known as a "most favored nation"
clause.

The indication was that the publisher would be more willing to grant
permission on this basis because they are protected to a degree.  The
idea would be to suggest a fee that would be reasonable given the
number of units we will sell (I have no idea), to which all of the
publishers would be likely to agree.

I was wondering if there might be someone who has had a similar project
and has paid licensing fees directly to a music publisher.  If there is
a "customary" fee for this sort of thing it might be easier to
negotiate with the publishers.

Thanks MMD and readers,

Charlie Moore

 [ Like "cobs" for the Roller Organ, book music is produced one copy
 [ at a time, whereas paper music rolls are generally produced in
 [ batches of 5 to 15 copies at a time.  How many copies might be
 [ sold in 1 year?  In 10 years?  What's a reasonable copyright fee
 [ for small productions like these?  -- Robbie