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Emily McCrite
CP English 12
9 October 2015
Research
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Because a cappella music is a newly emerging trend, the copyright laws dont really state
anything that relate directly to it. Laws pertaining to sound sampling and covering songs are the
closest in application. Even within these however, it appears as though there is a lot of
discrepancy over what the laws currently state about sampling and the point at which legal action
may be pursued. Many article titles suggest that there may be need for reform in music laws, that
the laws themselves are currently weak and that this may mean that they are subject to changing
interpretations. There have also been many new frontiers in music that have challenged copyright
laws in recent years. Some examples are platforms like YouTube, and the digitization and
transfer of music to the internet via streaming and sharing services (Trowbridge).
According to Bruce J. McGiverin in an article from Columbia Law Review, Digital
Sound Sampling is a way of appropriating the distinct tonal qualities of a particular vocal or
instrumental sound so that it may be used in a different musical context. This could also be
applied to a cappella arrangements of an existing written song because they attempt to copy the
vocal and instrumental sounds of a song but use no instrumentation to do so. The difference is
that in an a cappella arrangement, the performers are not digitally copying the exact sound, but
only imitating it. In this case, the arranger is only required to pay any profit made from a piece
and additional damages to the writer (Minkoff).
Because the a cappella arrangements used in this Senior Project will differ from the
original works, they can be considered fair use (Kurt Trowbridge). Minkoff states that
derivative works, including arrangements, are protected under copyright and should only be
created by the original author. However this also has a few inapplicable exceptions, so even if all
rules are broken, you can have a legal arrangement that is simply unprotected by copyright
(Minkoff). It appears that copyright laws are sufficiently vague so as not to pose a problem for
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addition, when teaching music to a group, verbal and nonverbal instruction should be balanced
(Spieker). Using less keyboard in rehearsal would help allow for this balance.
In terms of the verbal aspect of teaching, the use of analogy makes learning abstract
concepts much quicker (Spieker). Since music is itself a very abstract subject matter, this directly
applies to choral teaching. It is worth noting that Mrs. Abbe, the SSHS choir director, uses
analogy in almost every line she teaches. For example, she may say something like this line
should be sung how Julia Childs speaks, or make it sound more like youre walking down
stairs! This kind of imaginative expression makes a noticeable difference in how the vocalists
approach a section of music when they are learning to perform it. It is a good idea to make a goal
of using figurative language at least three times per class because it can help with articulation,
diction, dynamics, rhythm, and many other things (Spieker). Lastly, a director can improve
expressiveness of a vocal groups performance of a piece by teaching expressive mindset
building skills (Broomhead/Skidmore).
Finally, composing in a foreign language, in this case French, requires a different kind of
consideration than merely translating text from one language to another. It is of chief importance
to not write in English and then translate, but rather to write in French entirely. Of course, proofreading is very important, even if one feels confident in their ability (Pomona). Writing in a
different language without proof reading or having somebody else read it is just allowing for
weakness in the poetry. Sharon also states that it is important to listen back to your song, like
auditory proofreading, and fix any weak spots to add to. Most importantly a writer needs to stay
true to their voice and writing style when writing in another language (Pomona).
Application/Conclusion
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So to pull all of this together in my project, I will start with the arrangement of the first
piece, BA$$IN, by Yelle which already has lyrics. I chose this song because I know it well and
saw it performed live by the artist, and because I can imagine how it would sound arranged for
vocals. Despite that, I will need listen to it intensively to really hear all of the parts including
those I previously missed. I will need to consider whether I keep my arrangement similar to the
original or entirely remake it. I will also have to interpret the lyrics so that I can teach the
meaning behind it and give the choir the feeling that the song evokes.
When I begin working on the second piece I have chosen, I will need to really listen to it
with a lot attention, especially since I am less familiar with it. As I mentioned, I have chosen an
emotional topic for the poetry I am writing in French to sing over the music so I will need to
make sure the tone of my lyrics fits the feel of the music. I will also need to consider how the
words will fit rhythmically and melodically with the existing music. To prepare for writing the
lyrics, I will practice writing poetry in French and consult with my French teacher.
For both pieces I will really need to put some time into preparing my lessons for teaching them
to the class. One piece will be prepared for the Fall choir performance and the second will be for
the Spring choir performance so I will learn a lot in preparing the first song that I will be able to
apply to working on the second song. I want to be able to teach them effectively and with
structure, so I will need to put some time into planning and practicing. Fortunately, I have a very
strong choir teacher to look to and be advised by in addition to my mentor, who is also an
accomplished vocal teacher and musical director. I am looking forward to taking on the
adventure of my senior project and I know it will be especially rewarding to hear my
arrangements performed live in front of an audience.
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Works Cited
McGiverin, Bruce J. Digital Sounds Sampling, Copyright and Publicity: Protecting
Against the Electronic Appropriation of Sounds. Columbia Law Review.
Columbia Law Review December 1987. 1723-1745. Print.
Minkoff, Johnathan. The Legality of Arranging. 2009. acappella101.com.
Web. 2 Feb 2012.
Trowbridge, Kurt. The Right to Copy: Cover Songs and Copyright on YouTube.
kurttrowbridge.com. Web. 17 December, 2013.
Gilligan, T. Scott. MTNA Copyright Guidelines for Music Teachers. Music Teachers
National Association. mtna.org/member-resources/copyrightinformation/copyright-faqs/. Web.
Sparks, Richard. "The Piano in Rehearsal: A Tool or a Crutch." Choral Journal (2014):
63-64. Print.
Spieker, Matthew. "Figurative Language: The Most Effective Gadget in a Music
Teacher's Toolbox." Teaching Music 22.3 (2015): 22-23. Print. 2.
Sharon, Deke. "CASA - The Contemporary A Capella Society." Contemporary A
Cappella Arranging in 10 Steps. N.p., 19 June 2005. Web. 18 Nov. 2015.
Moulton, Ryan. Arranging Music for A Cappella. 10 April, 2006.
moultano.wordpress.com/2006/04/10/arranging-music-for-a-cappella3kbzhsxyg4467-2/. Web. 10 April, 2006.
Broze, Yuri and DiMartino, Andrew. SmarterGuide to A Cappella Arranging.
portamental.com/a-cappella-arranging/#intro. Web. 6 December 2008.
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