Writing and arranging music is one of the most rewarding parts of being a composer, band director, or arranger. But when you’re working with existing songs — especially for marching band shows — understanding copyright law is essential.
In my years writing and arranging for ensembles, I’ve seen many directors navigate copyright the hard way. The good news? You can protect yourself, respect original creators, and still create incredible music — confidently and legally.
Why Copyright Matters in Music Creation
Copyright exists to protect the creativity and livelihood of composers and songwriters. When you follow copyright laws, you’re not just avoiding fines — you’re honoring the artists who made your work possible.
Organizations like the Music Publishers Association of the United States (MPA) advocate for ethical music use. They stress that arrangers must get permission from the copyright owner before:
- Creating or performing an arrangement
- Making or distributing copies
- Recording or sharing the work publicly
These permissions ensure fairness — and protect your students, school, or organization from serious legal risk. Civil penalties can reach thousands of dollars, and in some cases, even criminal charges can apply for willful infringement.
In my own arranging work, I’ve found that seeking permission early not only builds trust but often leads to valuable relationships with publishers and composers.
How to Obtain Permission for Band Arrangements
Getting permission isn’t as complicated as it sounds — it just takes planning and communication.
Start by searching repertory databases from performing rights organizations (PROs) such as ASCAP, BMI, SESAC, or GMR. These databases help identify the copyright owner and the rights involved, including:
- Right to arrange, transcribe, or adapt
- Right to distribute, duplicate, or record
- Right to publicly perform the arrangement
If the song you want isn’t managed by a PRO, contact the publisher or the composer’s representative directly. Some publishers handle requests in-house; others use third-party services like Tresona to manage licensing.
It’s important to remember that a performance license from a PRO does not grant you the right to create an arrangement — you need both.
If you’re designing your next marching band show, make sure your arrangements are authorized before they hit the field. It’s one of the simplest ways to protect your program and your students.
Public Domain vs. Copyrighted Music
Understanding which music is free to use — and which isn’t — can save you a lot of time and headaches.
- Public Domain: Most music published before 1923 is considered public domain in the U.S., meaning you can arrange or perform it freely.
- Copyrighted Music: Anything published after that likely still has active rights, especially popular music. Each song in a medley, for example, needs its own separate permission.
Be careful: even if a piece is in the public domain, new arrangements or recordings of it may still be copyrighted. That means you can use Beethoven’s melodies, but not necessarily another arranger’s adaptation.
When in doubt, check the laws of the country you’re performing in, or consult with a copyright specialist before creating your arrangement.
Performing Rights and Exemptions
Even after obtaining permission to arrange, you’ll likely need a performing rights license to legally perform the piece in public.
These licenses, issued by PROs like ASCAP or BMI, ensure composers are compensated when their work is performed. However, there are a few exemptions:
- K–12 schools: Performances that are part of classroom instruction are usually exempt.
- Religious services: Non-dramatic performances in worship settings are also exempt.
Still, school marching bands performing outside of class time — football games, contests, or festivals — typically do need performance licenses.
For more on this topic, check out MakeMusic’s guide to copyright and marching band, which breaks down when and how licensing applies.
Best Practices for Authorized Band Arrangements
If you’re arranging or programming copyrighted music, follow these best practices to stay compliant and ethical:
- Research before you write. Confirm the song’s copyright status before arranging it.
- Plan ahead. Licensing can take weeks, so start early.
- Keep documentation. Save all email correspondence and license agreements.
- Credit the original creator. Always list the composer and copyright holder on programs and scores.
- Respect the source. Make creative contributions, but don’t change the essence of the work.
- Use professional services when needed. Companies like Tresona can handle licensing for you (for a fee).
When I arrange shows for schools, I always include proper credits and keep a record of permissions. It’s professional, respectful, and the right thing to do.
Copyright and Creativity Can Coexist
Some directors fear that copyright rules limit their creativity — but it’s the opposite. Working within the law ensures that both arrangers and composers are recognized for their art. It encourages collaboration and keeps the creative ecosystem healthy.
By following best practices, you protect your program, elevate your professionalism, and model integrity for your students. After all, respect for artistry is what music education is all about.
If you’re looking for original, fully licensed material for your next show, explore my collection of new marching band shows — created specifically for schools that want to perform confidently and legally.
Conclusion
Copyright might seem intimidating, but with a little understanding and preparation, it’s completely manageable. Respect the creators who came before you, document your permissions, and keep learning.
When you do, you’ll find more freedom, not less — the freedom to create and perform your music with total confidence.
FAQ: Copyright and Marching Band Arrangements
1. Do I need permission to arrange a copyrighted song for marching band?
Yes. You must obtain written permission from the copyright owner before creating, copying, or performing an arrangement.
2. Are public domain works free to use?
Generally yes, but confirm publication dates and copyright status in your country before using older works.
3. Does my ASCAP or BMI license cover arrangements?
No. Performance licenses do not authorize you to create or adapt copyrighted music — you still need explicit arrangement permission.
4. What if my band performs at school events?
Performances tied directly to instruction may be exempt, but most football games and competitions still require performance licensing.
5. How can I simplify the licensing process?
Services like Tresona or your music publisher can handle the request process for a small fee, saving you time and ensuring compliance.
Author Bio:
Evan VanDoren is a composer, arranger, and former band director who helps music educators design creative, fully licensed marching band shows. Learn more at evanvandoren.com.
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