Arrangement or new work?

In 1970, Rufus Thomas recorded "The Preacher and the Bear". There is version of the song in ASCAP and GEMA credited to him, but on the album he's just credited with arranging it. Would this count as a new work (as I have it now) or just a separate arrangement? Ignore the lyrical differences (the original is from 1905 and like most songs from that time the lyrics have been changed some over the years)

Last edit: 2018-04-08 01:53:17 UTC by Oldiesmann

I don't hear any difference between the two recordings that would make it a new work by our criteria. Can you point out where the significant extra elements were added?

Certainly, the overall feel is quite different, but that does not, as such, make it a new work.

The melody of the Rufus Thomas version sounds different than the original, but maybe that's just because of his arrangement of it

If you decide not to make it an adaptation although there is a work in ASCAP, then please be very explicit in the editor notes.

There are quite a few of these in the PROs. Jerry Reed's version is in BMI but again he's just credited with the arrangement on the label.

For now I just added the original lyricist to the Rufus Thomas work and took care of the external link mismatch issues.

Quote from Bastien

If you decide not to make it an adaptation although there is a work in ASCAP, then please be very explicit in the editor notes.

I had overlooked the point in the original message that there are PRO credits. I agree that in this case, the presumption should be that this is an adaptation.

On the other hand, I could also imagine that people just took the opportunity to grab a copyright that would not be challenged, because the original had entered the public domain. ISWC lists a lot of different songs named "The Preacher and the Bear".

That's what I was thinking too. Jerry Reed's version is listed in BMI but his isn't that different than the original and the album simply gives him arranging credits (albeit under his real name of Jerry Hubbard)

Quote from Oldiesmann

but again he's just credited with the arrangement on the label.

That's the easy case, then there is really no reason to create an adaptation.

My advise is to not make adaptations too lightly (The other day, I found your choice on My Bonnie Lies by The Ventures very debatable). Use and trust your own ears. Don't consider PRO's as the holy truth. Indeed, several "authors" just took copyright without writing a lyric, just by tweaking or re-arranging the song a little.

Quote from walt

My advise is to not make adaptations too lightly (The other day, I found your choice on My Bonnie Lies by The Ventures very debatable). Use and trust your own ears. Don't consider PRO's as the holy truth. Indeed, several "authors" just took copyright without writing a lyric, just by tweaking or re-arranging the song a little.

I was on the fence about that one too, but Bastien recommended making it an adaptation. I'm still not entirely sure about this one, as like Jerry Reed the label simply credits him for the arrangement.