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Is Piano Transcribing Music Illegal?

Piano Transcribing Music

Piano transcription is the process of writing out music notation on staffs, or musical staves, for a song, piece, or an improvisation. It is a process that requires a lot of time to master. However, it is a very important part of the learning process for many musicians, especially those who want to play classical music. Unfortunately, sheet music for many classic pieces of piano music are not available, and so transcribing is a necessary part of the process.

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However, some musicians are wondering: is piano transcribing music illegal? This is a tricky question because it depends on how you are using the music. If you are using the music strictly for practice and theory analysis, then it is probably fair use. However, if you are recording and selling the transcribed music for profit then it is most likely illegal. This is because the piano transcriber is violating the copyright of the original composer by making a new work from the original composition without their permission.

If you are using a piece of music for teaching purposes and it is already published in print, then it may be okay to record it. Typically, this is done by pianists who are asked to play for singers for rehearsal purposes in private homes. Typically, the singers will pay the pianist for their services and so it is generally considered fair use. However, if you are using a piece of music for recitals or public performances then it is probably NOT okay to record it without obtaining the appropriate license.

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Is Piano Transcribing Music Illegal?

For example, if you are going to be performing Duke Ellington’s “Adelaide’s Lament” at a MEA-sanctioned event then you are most likely not allowed to record it and sell it. You need to obtain a mechanical license for that. However, if you are playing for a private home audience then that is usually acceptable as long as the pianist records it from their own book and doesn’t make any copies.

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This is a complex issue, and specialist lawyers exist to deal with such issues. However, the general rule of thumb is that music enters the public domain 70 years after the death of the composer. This is complicated because the rights may be held by several different people, and they have to agree to release the music for transcription.

The best way to avoid this confusion is to always seek the permission of the publisher of the piece you are trying to transcribe before creating and selling your work. This can be difficult and time consuming because most publishers will reject your request, as they would rather you purchase their printed versions of the music instead. You may also find that many popular songs have already been transcribed and sold as sheet music, so be careful when wading into this murky water!

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