Recently , I was surprised to be notified by YouTube  that there was a copyright strike on my account , threatening the viability of my account.
This was especially so , since all of my postings are related to our culture.


I was even more perplexed when I found that the tune in question was my post of a recording of Stravinsky's "Rite of Spring" as performed by Pamberi Steel Orchestra at Pan is Beautiful IV in 1986.

So , to get some clarification on the matter , I sent this letter to Imagem, the company issuing the copyright claim :

Mr. John White,
Imagem.
Dear sir,
I was made aware that a claim of copyright infringement was made against me on my YouTube channel , resulting in a copyright strike against my account ,and severely threatening the viability of my channel.
The work in question is Stravinsky's "Rite of Spring" performed by the steelband "Pamberi" in Trinidad at a Music festival competition held in 1986.


I obviously have no claim to this music , and had no intention of profiting in any way from it.
As a matter of fact, my site is not monetized by me for any profit , since its sole purpose is to expose and promote the music and culture of Trinidad and Tobago, and especially the calypso and steelband music.
As you may know , especially because of its humble beginnings , steelbands take pride in their ability to interpret the music of the classical masters.


As a former steelpan player myself , I know that my efforts are appreciated by steelband and Trinidad culture lovers everywhere , and the steelband and players themselves do appreciate the exposure.
I am not being immodest in claiming that I've exposed many to rare videos and musical performances that may have been lost or forgotten had I not attempted to keep the culture alive.


Having my site shut down , sir, will do me no real harm , but will be a disservice to many culture lovers and performers who appreciate the fact that I've assisted in giving our culture and beloved art forms greater exposure via the web.


As far as I'm concerned , classical music played on the steel pan is definitely not hurt by such exposure , since the classics aren't exactly pop music.
Since the video in question has been removed I would appreciate it if you would remove the claim of copyright infringement, and remove the threat from my account.


And please notify me of any other questionable videos , and they will be removed.


Thank you,
Glenroy R. Joseph

This is the reply I received :


From: Lidia Kim
Sent: ‎Tuesday‎, ‎December‎ ‎16‎, ‎2014 ‎12‎:‎56‎ ‎PM
To: Glenroy Joseph

Unauthorized Arrangement of Rite of Spring


Dear Mr. Joseph:
I am writing to you on behalf of Boosey & Hawkes, Inc. about your arrangement of Stravinsky’s Rite of Spring (“Arrangement”). Rite of Spring is protected  by copyright outside of the United States, and Boosey & Hawkes is the music publisher representing this composition

.
Permission is required to not only to create a musical arrangement but also to reproduce, distribute and exploit that arrangement. It has come to our attention that there are several unauthorized uses by the Pamberi Steel Orchestra for Rite of Spring, including the creation of the Arrangement of the composition (performed in Trinidad in 1986), and its subsequent recording, reproduction and release as part of an album, available in physical copy and digital formats for distribution worldwide.

The unauthorized Arrangement is found on iTunes, Amazon and Spotify, among others. In addition, as you know, we have sent a notice to YouTube.


Though we appreciate your efforts in increasing the exposure to classical music, we are unable to offer a license to create this arrangement of Rite of Spring. Stravinsky himself requested that his major works should be known and propagated in their original form and not subject to any arrangements beyond those, which he himself created and authorized in his lifetime. In deference to the composer’s wishes, it has been our long-standing general policy to decline permission for third-party arrangements of these works during the period of copyright protection.


Since the copyright is still protected outside the United States territories, the recording’s distribution must be limited only to the United States. Please cease to reproduce, distribute and exploit the physical and digital copies of this Arrangement outside of the U.S. and confirm your compliance immediately.


Nothing contained in this letter or omitted herefrom shall be deemed to be a waiver or relinquishment of any rights or remedies whatsoever that Boosey & Hawkes may have in connection with this matter, all of which rights and remedies, whether at law or in equity, are hereby expressly reserved.


Thank you for your time and consideration in this matter.
Sincerely,
 
Lidia Kim
—————————————————————————————
Lidia Kim
Director, Business & Legal Affairs
lidia.kim@imagem.com
 
Imagem USA
229 West 28th Street, 11th Floor
New York, New York 10001
T: 212 699 6518
F: 212 489 6637
—————————————————————————————

To which I replied as follows :

Re: Unauthorized Arrangement of Rite of Spring

Thank you very much for your response, Ms. Kim,  I sincerely appreciate it.
i’ve explained my position regarding the purpose of my postings as a means of promoting our culture , with no desire of financial rewards.
Be further advised that I have no connection with the Pamberi organization , nor do I know or have any connection to any of its members.
As a Trinidadian (expatriate ) and former steel pan player myself , however, I am aware of this group as an amateur, youth oriented, cultural (steelband) group.
Such groups perform primarily at carnival  (Mardi Gras) and music festivals in Trinidad , generate little income and exist only with the help of government funds and , in some instances , corporate sponsorship.
 Because of the humble nature of the origins of the steel drum bands , such bands have taken pride in their ability to interpret classical pieces correctly and accurately , to the delight of audiences everywhere , and this is the first i’ve heard of copyright issues.


I'm somewhat disappointed at the resolution of this issue , since little if any monetary compensation is involved.
i wish you would consider listening to the unique piece , in you have any interest in world culture.


But , as they say , this  is America ,and business is business.

This is posted for consideration of the forum.

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Replies

  • Hi Glen my pan mentor.....music friend, wow, been absent from this site for a while ...didn't realize..all this was going on. Unwise to be out of touch for so long...I have catching up to do.

  • as a musician and panist with my own copyright company I am surprised that Boosey and Hawkes (originally a London music (instrument ) co and now music publishers will claim copyright.  Stravinsky composed this in 1913 and is long dead.  Le Sacre Du Printemps (rite of spring) is a well recorded piece of music everybody has done it. It is one of the great 20th century  neo classical works ( coloured by Russian folk songs ) Stravinski is long DEAD and as far as I know  copyright does not live on after 50 years of the authors death.  (in the USA)  I used to belong to Performing Rights Society (UK) but dont know their rules and regs.. paddy corea  Canouan music inc.

  • Glenroy,
    Hope you can offer some input on this, I was checking out your postings for the 1986 Pan is Beautiful IV and was curious to find out who was the composer for the Test Piece “Fire and Steel”, no one was credited as the composer, I found out elsewhere Winsford Devine is the composer...http://youtu.be/gIO0GC3kXYE

    While looking to get more info on him, I found this…

    “The book, 'The Progress of Winsford Devine', records the literary prowess of the ingenious songwriter, Winsford 'Joker' Devine. Over the past 40 years, Joker has written Calypso and Soca songs for many of the top singers including Crazy, Sparrow, Machel Montano, Singing Francine, Mighty Trini, Charlene Boodram, Sugar Aloes, Marcia Miranda, Karen Asche, Poser, Baron, Explainer, Blakie and Austin. However, the contribution of this master songwriter, who hails from Patna Village, Diego Martin, to the Calypso artform has largely gone unnoticed. The book contains contributions from Alvin Daniell, Lincoln Depradine and journalists Nandi Ogunlade and Terry Joseph”.

    “Furthermore, his struggle for his (copy) rights as told in the book is an important part of the due recognition and recompense being accorded to this lyrical genius for his contribution in articulating the stories and issues of our time”.

    http://www.trinisoca.com/calypsonians/2007/2201.html

    • You're right , ODW. I cannot recall the composer being mentioned during the broadcast , though it must have been done.

      I must admit that I also wasn't aware that Mr. Devine  , who is one of our most prolific calypso composers , composed this piece.

      I've always assumed that the composer was someone with a background in classics , like Mr. Prospect ,although , as one who appreciates "Joker" Devine's talents , I'm not surprised.

  • @mark , I agree with what you wrote...many steelbands could find themselves in trouble for unauthorized use of songs. Bands need to be made aware that they need a license to perform and record people's songs; it's not too late for them to contact the publisher and work something out. Pan in the 21st century or Pan is beautiful , maybe a problem in terms of copyrights also.
    • Maybe this is a sign for us to play our own music. Every body know the the steelpan can play any music so stop trying to validate the instrument, lets compose our own classical music, we compose the most music in the world, let's use it. 

      • Cecil that's a good idea, but the moral of the story is....if we want to use someone else's music, we must get their permission first, via a license...because even when you write your own tunes and someone wants to use it, they will need your permission. 

        • Gospel Pan,


          These discussions have been very enlightening to me, thanks to Glenroy for bringing this issue up for us to analyze. Based on what you are saying “We” musicians in T&T need to get a reality check on what’s happening in this modern world with internet technology. I hear what you are saying and agree, my concern is where we start in the educational process. Under who’s responsibility this going to happen, Pan Trinbago, Pan in School or COTT? We must find ways to solve these problems.

          Do our composers of Pan Classics see themselves in this bigger picture, do they consider themselves a unique group of world class classical composers/arrangers who compose music specific to the steel orchestra? Are their compositions documented for future consideration?

          We are dealing with a creative group of people who are very indiscipline, it’s not within our culture to document or preserve what is ours in the recording industry.

          • odw, I was looking for Salah to jump here with a plug for the Ministry For Pan. In my opinion it is the duty of the Ministry of Culture to document the music composed by it's citizens.

        • I hear yuh GospelPan.....When playing with the "Big Boys" we have to play be the rules.

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