Can I include a "Fake Book" Satin Doll page in my book?

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Teo
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Can I include a "Fake Book" Satin Doll page in my book?

Postby Teo » Sun Mar 22, 2015 6:50 pm

Hi and thanks googols for this opportunity!

I'm writing a book of music harmony and have included a page of Duke Ellington/Billy Strayhorn song "Satin Doll." I've attached the page before, talking about 7th chords, then the score with chords written out as a lesson.

Would this fall under Fair Use and be legal for me to promote and sell - the whole book that is?

If not, does anyone know who I can ask to use this 1 page type of score in my book?

Thanks again!

Teo
;)
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SatinDollChordLesson2.jpg
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SatinDollChordLesson1.jpg
Satin Doll as chord lesson
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Carolus
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Re: Can I include a "Fake Book" Satin Doll page in my book?

Postby Carolus » Tue Mar 24, 2015 3:35 pm

No. Ellington died in 1974 and will not be eligible for posting until 2025. That's without even getting into the dates of who wrote the words. Under copyright worldwide, basically. (Unless you're in Afghanistan).

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Re: Can I include a "Fake Book" Satin Doll page in my book?

Postby coulonnus » Tue Mar 24, 2015 6:38 pm

But including only brief excerpts with theses 7th chords would be OK under French law and I believe it is "fair use" in US law?

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Re: Can I include a "Fake Book" Satin Doll page in my book?

Postby Teo » Tue Mar 24, 2015 7:16 pm

Hi,
Thanks very much to you both for answering! I suppose I could cut the score in half, but you know, unless someone can point me to the Ellington/Strayhorn estate or foundation or whomever I can ask.. I'll just remove it. Maybe I'll leave just bit, maybe 1/4 of it, for learning, but it's sort of anticlimactic if you can't play the whole thing to REALLY LEARN THE LESSON.. and I suppose pointing to somewhere the whole song is (maybe not fully legally everywhere) is no good either.
Too bad! I sure hope after I leave this plane everyone can play and share my music forever, no charge, in fact more than free :lol:

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Re: Can I include a "Fake Book" Satin Doll page in my book?

Postby coulonnus » Tue Mar 24, 2015 7:31 pm

In all countries you may recommend purchasing the score and studying it :-) You may also comment particular measures without reproducing them.

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Re: Can I include a "Fake Book" Satin Doll page in my book?

Postby Teo » Wed Mar 25, 2015 2:59 pm

Carolus wrote:No. Ellington died in 1974 and will not be eligible for posting until 2025. That's without even getting into the dates of who wrote the words. Under copyright worldwide, basically. (Unless you're in Afghanistan).

How about if a friend is in China, and I have a DBA with an address there?

I so very appreciate both of your energies and ideas.

As I am eternally skeptical, I googled and found (http://www.jazzstandards.com/compositio ... indoll.htm):

----------
Although Ellington originally wrote the melody for “Satin Doll,” in his biography of Billy Strayhorn, Lush Life: A Biography of Billy Strayhorn, David Hajdu says, “Strayhorn fleshed out an Ellington riff sketch with harmony and lyrics ...” and titled it “Satin Doll,” Strayhorn’s pet name for his mother. Strayhorn’s lyrics were not considered commercially viable, and five years later, lyricist and cofounder of Capitol Records, Johnny Mercer wrote new lyrics, resulting in the song we know today.
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And because I wish to champion the hard working musician/composer like Billy Strayhorn, I would rename the song in my book: "Strayhorn's arrangement dedicated to his mother" and never say Satin Doll, and since Strayhorn died in 1967 I'm thinking 2018 I could do it without needing to ask anyone! But.. the families can extend the © I think, and Mercer's lyrics are too much part of the song so I've decided on My Successes Are Here my own song that uses lots of 7th chords with roots in the bass (later in that same book) but..

Coulonnus you have inspired me with your encouragement! I'll take maybe a few bars of just the chords, with a particular reason, like: "Here is 1-3-5-7 for the chords... and then Here is 5-7-1-3 inversion.."

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Re: Can I include a "Fake Book" Satin Doll page in my book?

Postby Carolus » Sat Mar 28, 2015 7:00 pm

China's term is identical to Canada's. As for "fair use" this varies widely from country to country. In the USA, it is extremely limited. Basically if it's recognizable as the piece it's not allowed. Other countries are more lax about it. You would have to consult a very well-versed copyright attorney in whatever country you intended to use the excerpt. The thing with very famous works like Satin Doll is that they are generally all owned by a few very large media corporations who basically have skyscrapers full of lawyers who could make life quite miserable for decades running. As an old country lawyer once remarked: 'the big-boys gonna do what the big-boys gonna do'. There is no way I would allow this to be posted at IMSLP absent written permission from the copyright owners of Satin Doll. There is presently a lawsuit slowly winding its way through the system over the likely bogus copyright claim on Happy Birthday to You. This will be most interesting to watch as it's basically a few folks going up against the media giants who own the alleged copyright. The case has already been moved from the east coast to the more entertainment-industry friendly climate of the west coast. There's not much question to speak of with respect to bogus claims on Satin Doll. Yes, a progression might not pass the originality threshold, but then again it might depending on how unique, original and instantly recognizable the progression is. For example, can you cite previous examples of its use?

Strayhorn's music - that purely by him with no contributions from anyone else - would be free starting 1/1/2018 in the life-plus-50 countries. We still have an Ellington problem because the burden of proof falls upon you that there is nothing of Ellington's in the quoted passage. Since the Mercer text cam later we can at least dispense with any claims the music was influenced by Mercer's words. Keep in mind that pma (for post mortem actoris) copyright terms nearly always refer to the death of the last surviving contributor.


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