Copyright & Licensing

For inquiries regarding copyright, licensing, or editorial, send email to: licensing@kendormusic.com

Contest And Festival Scores

If you wish to make copies of jazz ensemble, concert band, and string orchestra conductor scores for adjudication, and the copyright of the piece is owned by Kendor Music, Doug Beach Music, Almitra Music, or Cojarco Music (see actual copyright notice on music), you can simply complete the form below at least 3 business days prior to your festival. This applies to both in-print and permanently out of print publications. The administrative fee for this permission is fifteen ($15.00) dollars. Once your order has been received, a letter confirming that you have legally obtained permission to copy our score(s) will be emailed within 2 business days. This permission allows you to make up to 3 copies of the score and is granted for one specific performance only; you must destroy the copies immediately after the adjudication. If you wish to keep extra scores in your permanent library, publisher produced scores are available for most titles in our catalog (both in-print and permanently out of print). Contact our office for availability (sales@kendormusic.com). Also note that this permission applies to conductor scores only – individual performance parts must be purchased separately.

To make copies of jazz ensemble, concert band, and orchestra conductor scores for adjudication, click here!

 

 

Licensing Overview

To correctly understand the Kendor catalog and our administration of the publications it contains, you should know:

  • that we are not the copyright owner of all titles in our catalog. In many cases Kendor has merely licensed the print rights only from other owners. This is particularly true in our jazz listings since several writers (i.e. Nestico, Mintzer, Fedchock, Schneider, Harris, etc.) who record commercially wish to retain full control of their creative property. Among other things, this means we can't grant permissions to record and broadcast. When we receive such inquiries involving titles we've licensed, we forward them to the owner for direct response.
  • that Kendor is one of three companies owned and managed by Craig Cornwall (President) and Jeff Jarvis (CEO). Almitra Music Co., Inc. and Cojarco Music, Inc. are Kendor's sister companies. This three-way split allows us to align our copyrights according to a composer's membership in one of three national performing rights organizations – Kendor is a SESAC affiliate, Almitra is an ASCAP company, and Cojarco is a publisher member of BMI – so that public performance royalties collected by these organizations can be processed quickly and efficiently.

So before you seek permission to use our publications in recordings, cable broadcasts, videos, special public performances, etc., check the first line in the copyright notice for the name of the real copyright owner. If it's Kendor, Almitra or Cojarco, we'll be able to respond directly. If not, we'll forward your inquiry to one of our licensors.

 

DISCLAIMER

THE POLICIES, PROCEDURES, PRIVILEGES AND RESTRICTIONS DESCRIBED IN THE FOLLOWING INFORMATION PERTAIN STRICTLY TO PUBLICATIONS IN THE KENDOR CATALOG. UNDER NO CIRCUMSTANCES SHALL THEY BE CONSTRUED, INTERPRETED OR PERCEIVED AS THE POLICIES OR PRACTICES OF ANY OTHER MUSIC PUBLISHER.

 

RECORDINGS

If you're planning to produce and distribute recordings featuring selections from the Kendor catalog, you must obtain a mechanical (recording) license, which among other things confirms the copyright owner's consent and royalty terms. This is necessary even if you're giving your recordings away or making just 20 cassettes as a momento for graduating seniors. While securing mechanical licenses is best done before a project is officially underway (before performances are recorded), they are often issued just before or immediately after record release dates. 

Preparing and Sending Requests

Requests for mechanical licenses should always include:

  • record company name, address, and phone/fax numbers
  • title, writer, copyright owner and duration for each selection
  • performing artist or organization
  • recording quantity and type (compact disc, cassette)
  • proposed release date

To determine where to send your Kendor licensing requests, first find the owner's name in the top line of the copyright notice on the printed music. If the owner is Kendor, Almitra, Cojarco or Doug Beach Music, send your request to:

The Harry Fox Agency, Inc.
711 Third Avenue
New York NY 10017

212-370-5330 phone
212-490-3728 fax

 

All other requests should be sent to the attention of the copyright owner in care of Mendy Varga, Kendor's copyright administrator, by fax (716-492-5124) or by email (licensing@kendormusic.com). She will then forward your request to the owners so they can contact you directly.

NOTE: Since HFA requires a minimum royalty payment of $22.75 (the royalty for 250 copies) per tune, anyone wishing to license a Kendor, Almitra or Cojarco copyright for small-quantity recording projects may request a license directly from Mendy Varga. For such projects involving Doug Beach copyrights, request a mechanical license from him via fax (630-617-3738) or mail (205 E. Butterfield, Elmhurst IL 60126).

 

Royalty Rates

The royalty rates established by the federal government for each recorded tune are currently 9.1¢ or 1.75¢ per minute, whichever is greater. With this information, you can calculate in advance the royalty costs of your recording project, assuming you know the quantity of recordings you intend to make and the duration of each tune. The first rate of 9.1¢ applies to selections with durations up to 5 minutes. The second rate of 1.75¢ per minute applies to selections with durations over 5 minutes.

To illustrate, the royalty cost for a program containing six short and four extended selections might be:

 

DURATION

RATE

 

UNIT

 

TOTAL

#1

3:25

$.091

x

1 tune

=

$ .091

#2

4:10

$.091

x

1 tune

=

$ .091

#3

6:30

$.0175

x

7 min.

=

$ .122

#4

2:15

$.091

x

1 tune

=

$ .091

#5

8:25

$.0175

x

9 min

=

$ .158

#6

3:25

$.091

x

1 tune

=

$ .091

#7

4:40

$.091

x

1 tune

=

$ .091

#8

7:00

$.0175

x

7 min.

=

$ .122

#9

1:50

$.091

x

1 tune

=

$ .091

#10

6:15

$.0175

x

6 min.

=

$ .105

 

 

 

 

 

 

------------

total royalty cost per recording

 

$1.05

 

If 650 recordings are being produced, the total royalties due would be $682.50. Obviously, preliminary recording budgets must include royalty expenses.

PHOTOCOPIES

Since the current U.S. Copyright Law went into effect in 1976, a vast amount of material has been distributed among music educators explaining what can and cannot be legally photocopied. In case you've missed this information elsewhere, following is a quick summary of permitted and prohibited uses of Kendor publications.

 

PERMITTED USES

These are the conditions under which you do not need permission to photocopy music:

1.    Emergency copying to replace purchased copies which are unavailable for an imminent performance, provided purchased replacement copies are substituted as soon as possible.

2.    For academic purposes other than performance, multiple copies of excerpts of works may be made, provided that such excerpts do not comprise a perform-able unit (section, movement, aria) and represent no more than 10% of the whole work. The number of copies allowed is one (1) copy per student.

3.    Printed copies which have been purchased may be edited or simplified, provided that the fundamental character of the music is not changed or distorted.

 

PROHIBITED USES

These are the conditions under which photocopies cannot be made:

1.    Copying for performance, except as in #1 above.

2.    Copying for the purpose of avoiding the purchase of published music.

3.    Copying without inclusion of the copyright notice which appears on the printed music.

 

SPECIAL PERMISSIONS

People often ask us for authorization to photocopy music for exceptional reasons. Sometimes they want to copy and program an out-of-print Kendor edition they've heard or seen at another school. Other times they're planning a mass clarinet choir concert and want to make 20 or 30 copies of various parts to supplement the set(s) they’ve already purchased. Or maybe they're taking their group to a regional festival which requires double or triple the normal number of adjudication scores. Whatever the circumstances, we try to respond fairly and promptly because we value their interest in our music and their respect for the law.

 

·       OUT-OF-PRINT EDITIONS

Many people assume that a publisher's right to control the use of its music ends when an arrangement becomes inactive. Not so! This means you should never photocopy components from any edition, active or otherwise, without the written consent of the publisher.

Here at Kendor we maintain an extensive file of archives to provide you with any extra adjudication scores and performance parts you need for the out-of-print editions in your library. These may be ordered through your customary dealer in exactly the same way you'd order extra scores and parts for active Kendor editions. To confirm archive availability, contact our business office.

Obviously we can't supply extra scores and parts for editions not in our archives. In such cases we'll issue a written permission to copy an extra score or a few replacement parts without charge. If, however, the amount of copying is to be more extensive, our permission letter will stipulate a duplication fee and confirm that copies may be kept in your permanent library for unlimited future use.

Also for a reasonable fee, we'll grant permission to copy an entire out-of-print edition if (1) you have access to a published set (we don't have the staffing resources to make complete copies here), and (2) we're not legally restricted from doing so by the terms of a print license with another owner. As above, written authorizations will stipulate a fee and confirm that the copied edition may be used indefinitely.

Send requests for special permission to copy complete out-of-print editions or materials not in our archives to Mendy Varga, Kendor's copyright administrator, by fax 716-492-5124 or standard mail (Box 278, Delevan NY 14042). For quickest response, be sure you provide specific details about what you want to copy, including title, writer, series, and the components (scores and parts) you need.

·       UNIQUE PERFORMANCE SITUATIONS

On rare occasions we'll extend to organizations working with highly unusual personnel configurations the privilege of copying additional performance parts. Sometimes these special permissions are granted without charge, but more often they require payment of a duplicating fee. For example, we may allow a state jazz ensemble committee to make and distribute 50 copies of the first page from a lead trumpet part for all-state auditions without requiring payment, provided copies are destroyed after auditions. But if someone's planning a mass tuba ensemble concert, buys one or two Kendor performance sets and seeks permission to copy the additional parts they need, a duplicating fee will be required. For clarification on what we will and will not allow, contact Mendy Varga by phone, fax or mail.

·       MULTIPLE ADJUDICATION SCORES

Many regional and national competition festivals these days require five or more adjudication scores from participating groups, which substantially exceeds the number of scores needed in normal festival situations. While most directors recognize that we have no control over these circumstances and understand that we shouldn't be expected to subsidize either their appearance or the income of festival organizers who charge entry fees, some insist that we should ease their burden by allowing them to copy the extra scores they need without charge. Mendy Varga, our copyright administrator, has had some particularly heated phone discussions with directors on this subject and offers this in defense of our "buy what you need" policy:

If you bought a hula hoop, practiced hard, then decided to show off your skills by entering a hula hoop contest, would you ask the manufacturer to send you two free ones because contest rules say you need three to compete? Not likely. You'd probably just go to the store and buy two more. Or you'd argue with contest officials that people with just one hoop should be allowed to compete. Taking out your frustrations on the manufacturer would be ridiculous.

The fact that music can be photocopied and hula hoops can't is irrelevant. The same principles apply.

 

SUMMARY

If you have any unresolved questions about photocopying, contact Mendy Varga at Kendor Music.

 

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