[.pdf version of this brochure]

Rights and Responsibilities

Concerning Rental Music in North America

Developed by the

MOLA-Publisher Joint Committee 2007

 

 

These guidelines are intended as a contribution towards achieving good communication and efficient service between performance libraries and rental publishers 

 

 

GUIDELINES FOR PUBLISHERS

1.  Music shall be performance standard, meaning:

               a. the music shall be clearly legible when reading from a music stand

b. the music shall be well-produced, using the highest industry standards regarding paper weight, image size, and binding

                c. the music shall be kept in as good repair as possible

 

2.  Performance libraries shall be provided materials that are clearly titled and numbered.  Sets shall not be split up, and in the event the requested number of string parts is not available, the publisher will permit the photocopying of materials by the organization.  Limited photocopying in order to facilitate page turns shall be allowed. 

3.  In certain circumstances publishers may grant an organization the use of a work on indefinite loan.  Indefinite loan materials are subject to a signed agreement and will accrue the same fees as a standard rental.  Where an indefinite loan is not possible, publishers will consider granting permission to the organization to produce a set of string parts to the work.  Such materials shall be considered the property of the publisher.

4.  Where an errata list has been compiled, and the publisher has been advised of such a compilation, the list will accompany each set of materials until such time as a new printing occurs.

5.  Materials beyond repair should be replaced; however, the publisher should examine carefully all corrections that have been made to the parts prior to reprinting the piece.  New printings shall be announced to MOLA via the MOLA-Publisher Joint Committee.

6.  The publisher will alert the organization as soon as possible if the publisher will be unable to provide the material by the requested date.

7.  While it is understood that each publishing house has its own style manual, rental agreement, and processes for obtaining additional licenses, every effort shall be made to be as clear and timely as possible in all written communications.  Acknowledgements to rental requests shall be made as soon as possible.

 

 

GUIDELINES FOR PERFORMANCE LIBRARIANS

1.  Whenever possible, performance libraries shall provide written orders at least six weeks prior to the performance(s).  Last minute orders should be the exception and not the norm and can be expected to incur rush fees.  Orders shall include the following information:

                

                  a. shipping and billing address of the organization 

b. date(s) and venue(s) of the performance(s)

                 c. name of conductor and soloist, if applicable

                 d. required delivery date

                 e. number of scores and parts required

                 f. any additional usage information, such as archival taping, streaming, or broadcast.

 

2.  Performance libraries shall honor the conditions of the written rental agreements.  Additional usage(s) shall be subject to the appropriate license(s):  grand rights, synchronization, TV/film, recording, etc.

 

3.  No rental materials shall be transferred to another organization without the publisher¹s prior agreement.

 

4.  Marks other than bowings that are made in the materials (e.g., cuts, comments) shall be removed before the music is returned to the publisher.

 

5.  Every effort shall be made to include the Performance History Chart when returning materials.  This chart is available from the MOLA website.

 

6.  Materials shall be returned within the period specified in the rental agreement.  If this is not possible, the publisher must be contacted.

 

7.  Performance libraries shall advise publishers of any materials not meeting industry standards in order to enable the publishers to correct, repair, or replace the music.

 

8.  It is an infringement of copyright to reproduce music by any means without the permission of the copyright holder.  This includes excerpts to be used for audition purposes.

 

 

 

The MOLA-Publisher Joint Committee

wishes to thank the British MPA and the

Association of British Orchestras for sharing their:

 

³GUIDELINES FOR PRACTICE IN PROFESSIONAL MUSIC HIRE²

 

 

Users of these guidelines are also referred to these MOLA publications:

 

The Music We Perform:

An Overview of Royalties, Rentals, and Rights

 

MOLA Music Preparation Guidelines for

Orchestral Music