Dear Choral Director;
I am a choreographer of concert choral works or choralography, as I have coined it. For many years I have been trying to raise awareness concerning the problem of blatant plagiarism of choreography by some choral ensembles. This issue concerns not just the artistic expression of choreographers, but those choral director/ conductors who create movement for their choirs as well. My plea is especially acute being that many of my works have been performed and/or adapted, whole or in part, without my permission, compensation or recognition. As I have requested of the American Choral Directors Association, the National Association of Negro Musicians, and Chorus America, I respectfully urge you to initiate policy regarding this matter.
In reaching out to ACDA members, I received many supportive suggestions from choral directors regarding unauthorized use of choral choreography – I emphasize this because I am not referring to Praise Dance or any other trained dancers or group who may perform in front of /with your choir. I am specifically talking about choral singers (non-dancers) who are given choreography to perform to a work within a choral concert.
Here are just a few suggestions that can be implemented immediately:
1) If you see choreography on another choir and would like to use it on your group, have the choreographer set their own work on your choir – we are usually paid only once, at inception, and setting that work on your choir allows the choreographer to be paid for your use of it (getting a student, stage manger or a choir member who “moves well” to transpose a work without permission of the choreographer is illegal).
2) Pay the choreographer for the use of their movement – even a small honorarium is better than nothing at all, and remember - their work is not yours to “loan out”.
3) If you can’t afford the choreography (fees are usually set by the choreographer and are negotiable), at least request permission to use his/her choreography on your group and then ensure that proper credit is given – the music and movement are not synonymous.
4) Always give the choreographer credit in your program, or any other media, as you would the conductor, composer or arranger – this act alone lends credibility, inspires respect for the choreographer, and lets patrons know that what they are seeing is protected by copyright laws.
5) Make sure the choreographer has given permission and/or signed a waiver to have their work professionally filmed at concerts, clinics, conventions or any other live program or taped media event and that he/she is properly credited and/or compensated for the use of their choreo-graphy on said film/video. This includes taping for archival purposes. As with any theatrical performance, video or audio recording should never be allowed.
6) Note to the Consumer: The purchase of a choir’s VHS/DVD of their concert does not entitle you to adopt, modify or use a choreographic work, whole or in part, without the expressed permission of the choreographer
(I am sure copyright laws would also apply for the composer of an original work for that choir).
7) Have a new work created for your choir – it is not as expensive as you may think!
Choreography, staging and movement design is a relatively new field in the choral world, but choreography has been protected by copyright laws as a legitimate and enforceable art form for years. Let us respect the work of the choreographer as we would any other musician or artist. Thank you for your kind attention to this matter.
Yvonne Farrow
Choralographer
Tactus Jan '08
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Labor Day, September 4, 2006
Dear ACDA Presidents, Chairs, Board, Affiliates and Choral Directors;
Below you will find an e-mail correspondence concerning the problem of plagiarism of choreography within ACDA. The e-mails are discussing my work specifically, but this issue concerns all choreographers working in the choral world. I respectfully urge the ACDA membership to put a policy in place regarding this matter ASAP.
On my 2006 Membership Renewal form I penned that the following request be added to the oath we take as ACDA members:
As an ACDA member, I will comply with the copyright laws of the United States of America as they pertain to printed music and choreography or the downloading of music and choreography off the internet, television, DVD, VHS or any other media. (Compliance with these laws is also a condition of participation by clinicians and performing ensembles that appear on any ACDA-sponsored event or convention.)
Within the body of this e-mail there are other suggestions that endeavor to curtail the unauthorized use of choreography by choral groups. They are:
- put a notice on the video perhaps at the bottom of the screen along with the title of the music, or on the same screen with the choir info (the music and movement are not synonymous, rights to use choreography must be attained)
- send out an "urgent" email to all ACDA members and affiliates
- at conventions make an agreement with the director that their concert cannot be videotaped unless they run the disclaimer on the video tape itself
- when a choir performs at a convention, they have to sign two release forms (one for audio, one for video, perhaps one for choreography should be added) to allow the crews
to tape their shows. If one has a firm agreement with a conductor in this regard, they can choose to either not videotape their performance or to videotape it only if the production crew makes it very clear on the video that your work is copyrighted
- have a crew of people out there that you trust to be your eyes. When there is work of yours done without your credit or permission, perhaps you need to start suing people.
maybe if you and other choreographers start fighting for your rights, choral directors will perk up
- lease choreography to a group for a specified amount of time limited only to the usage for which the choreography was originally intended. If a work is performed beyond that concert or season, the choir must re-negotiate. Perhaps this will break choir directors of passing along or taking my --or any other choreographers work
As I do not have e-mail addresses for the thousands of ACDA Members, I humbly request that you pass this correspondence on to your colleagues and individual divisions. All replies and/or inquiries may be e-mailed to me at choralographer@aol.com or mailed to Yvonne Farrow c/o Twinbiz PO Box 8566 LA CA 90008.
Thank you for your kind and swift attention to this matter.
Sincerely,
Yvonne Farrow
Choralographer |
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I have been choreographing for college, university, community, church and professional chiors for almost 15 years. I am an active member of ACDA and have advertised in the Choral Journal. My ballets have been performed around the world as well as at regional and natonal ACDA conventions and workshops.
It has come to my attention that my 'choralography' has been lifted and/or adapted by chiors without my consent. Many times over the years I have been informed - after the fact - and told that in the educational world, “It’s just the way things are done.”. Well, I can accept this no longer.
This letter is to inform the membership that it is not okay to copy or use choreography, all or in part, for educational, community, professional or any other purpose without the consent of the choreographer. In the dance world this would be considered plagiarism.
I realize that the use of choreography may be a relatively new phenomenon to the choral community, but just as photo coping sheet music is illegal, so is copying choreography one sees on another group and putting it on yours. My choreography is not public domain.
I own the copyrights to all of my intellectual and creative properties and must be contacted, with no exceptions, if my (or any other choreographer’s) work is to be used in any way shape or form. Worse than this is having students, or someone “good with movement” learn then alter an original work to suit their choirs’ needs. This has the same sting to a choreographer as altering a choral composition would to a composer.
While ACDA videotapes choral performances, it is my understanding that these tapes are to be used as keepsakes and for archival purposes only. It would be my wish that, as in professional theaters, the use of home video cameras would also be banned from choral performances where original choreography or choral compositions can be lifted and transcribed.
If you see a work that I, or any other choreographer, had been hired to do and you would like to put it on your choir, please contact us so that arrangements can be made. The music and movement are not synonymous. At this time there is no tracking system for residual compensation for choreographers (as with composers and arrangers), so we, unfortunately, are usually only paid once. I would be happy to set any of my ballets on any choir or, better yet, choreograph a brand new work tailor made to your group. |
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R -
I want to congratulate you again on the wonderful concert your students gave. What an accomplishment for you! I am very proud of your work.
It concerns me, however, that the movement for Ellingtonia had many elements of my choreography - particularly the opening of the work and some sections. Before I came tothe concert, I was just looking at pictures I took from past Jubilee Singers concerts of these very moments in my choreography.
Larry did not want me to write you because he knows you are just starting out and supports you in every way, but I feel I must make you aware that I have been in battle with ACDA concerning use/adaptation of not just my works, but all choreography, whole or in part, without permission, compensation or recognition - for many years. I have written Letters to the Editor trying to raise consciousness about this issue. Attached is an e-mail correspondence I recently sent to every choral director I could find an address for.
In just the most recent issue of the Choral Journal did they even admit culpability. Please see the Letter from the President concerning plagiarism in the January '07 issue and my thank you to her in the Letter to the Editor in the March 07 issue.
I share this with you not because I want something - only to make you aware for future projects when choreography based on an existing work may be used.
Realizing budgetary restraints, please know that I would be happy to come and work with your kids anytime. You have a great group and a bright future.
With great respect and love,
Yvonne |
Hi Yvonne,
I saw your work at the Choral Project "One is the All" concert and really
was moved by it. Thank you!
Question: Was it your choreography for Bethelehemu that the Mormon
Tabernacle choir performed last year?
Thanks. T
T -
Thanks for you inquiry. Sorry it took a minute to get back to you, I am
working several projects.
Unfortunately, I don't know if it was my choreography or not. People have been
taking my work, thinking it is synonymous with the music, and putting it on
their choirs without my permission, compensation or even giving me credit in
the program.
This has become a real problem for me because ACDA Conventions are
videotaped and once purchased, groups just find someone in the choir who can
move well and lift the choreography or adapt it to their choir and I am
never even notified.
This is very upsetting to me because I own the copyrights to all of my
choreography. And separated from the music, I could put those same 8
counts to another work if I wanted! Also, I am only paid once. If a choir
wants a particular work they have seen done on another choir, they should
budget for it.
This piracy would never be tolerated in the dance world, but for some reason
there is no regard for my rights as an artist in the choral world. Often
times the choreographers name isn't even listed in the program.
I wrote a letter to the editor in the August 2003 Choral Journal.
Unfortunately it doesn't seem to have made much of an impact.
My best, Yvonne
Hi Yvonne,
How frustrating for you! Have you asked ACDA to put a notice on the video --
perhaps at the bottom of the screen along with the title of the music, or on
the same screen with the choir info? It seems like ACDA could put a stop to
this if they wanted to, even by sending out an "urgent" email to all of their
members.
Anyway... I have seen a number of Bethelehemus with the exact same
choreography. If it's yours, you should definitely get credit AND
compensation!
All my best, T
T - Thanks you so much for your suggestions. Would you mind if I forward our
correspondence on to the president, officers, regionals of ACDA? Y
Yvonne,
I don't mind at all. Please forward our correspondence, and good luck!
All my best, T
D - Do you have any objection to my sharing this correspondence with ACDA?
Hi Yvonne (and T),
Not at all....please share it. By the way, I think I know what choreography
to which Tom is referring. I don¹t think it is yours. There is a standard
way that this piece often is done visually, and goes all the way back to the
early 70s when the work was first introduced in the US; its kind of like the
same way that tribal music is taught aurally....certain things become
attached to the piece and are a permanent part of it. In this case, the
movement is tied into a series of clapping patterns written into the piece.
However, that all said, it still doesn¹t change the fact that choir
directors need to STOP plagiarizing choreography. While I don¹t think
³Betelehemu² fits into this issue, the problem still exists that people go
for what is easiest and cheapest. It really is not fair to your profession.
One thing you can consider doing to protect your work when done at
conventions is this: make an agreement with the director that their concert
cannot be videotaped unless they run the disclaimer Tom suggested on the
video tape itself. You see, when a choir performs at a convention, they have
to sign two release forms (one for audio, one for video) to allow the crews
to tape their shows. If you have a firm agreement with a conductor in this
regard, they can choose to either not videotape their performance or to
videotape it only if the production crew makes it very clear on the video
that your work is copyrighted.
The other thing, too, is that you might want to have a crew of people out
there that you trust to be your eyes. When there is work of yours done
without your credit or permission, perhaps you need to start suing people?
It is a nasty way to go, but maybe if you and other choreographers start
fighting for your rights, choral directors will perk up? I don¹t know. I
hate to think that people who should be in the business of transforming the
world through song are really in it to serve themselves....but it happens
everywhere, I guess. Ah well....
I hope you are well. FYI ~ The Choral Project is planning to do a three week
tour of "One is the All" in the spring of 2008. We will go from Phoenix to
Vancouver. We will be doing a performance in the Los Angeles area, too. Not
sure where, but I will let you know.
Best, ~D
D -
I choreographed Betelehemu for the Albert McNeil Jubilee Singers years ago. It was performed on their world tours, as well as at ACDA regional and national conventions. Within the clapping patterns I choreographed an African Boot Dance which had never been done before: If the movement includes a boot dance, all or in part, it may be my work.
Some of my pieces, without my consent or knowledge, have been adapted to choirs to suit their skill level. In other words, they take they what they need. I have been told that once a choir director gave someone a few steps so the borrowing choir could perform them. If I was contacted ahead of time, I would have been happy to choreograph a specific work for that choir.
From now on, in order to further protect my works, I will lease choreography to a group for a specified amount of time and limited only to the usage for which it was originally intended. If a work is performed beyond that concert or season, the choir must re-negotiate. Perhaps this will break choir directors of passing along or taking my - or any other choreographers work.
This has been going on for years with several of my works -- butI only hear about it after the fact and can do nothing. In the past I was told it is because ACDA falls under the umbrella of education, but this is just blatantly wrong. Clearly, it is time to take action.
Thank you for your support and suggestions. Yvonne Farrow
Yvonne,
You make a very good point! Thanks for bringing this up. I am sure the Show Choir Chair will take the lead on this, but it sounds like a no brainer to me. This kind of plagarism is probably just not thought about by the grand portion of our membership. This board is pretty good at advocacy and generating awareness.
Thank you so much for contacting us.
L. Fredenburgh
National Chair: ACDA Women's Choirs R&S
Thank you for your support!
Hi Yvonne,
Julie Dana here, President of the California ACDA, I just received your e-mail. Let me begin by saying, that we can't assume that choral directors blatantly "steal" your work. Many of us rely on our own students or come up with much of the choreography we use on our own for a number of reasons.
I realize that there are students out there who choreograph. The problem, in my case, are instances like this:
Once a university choir saw one of my works at an ACDA convention. They either bought the tape or videotaped it themselves (another issue which must be addressed) and had a student put my work on their choir and then added to it to make it their own. The idea was not originally the students and my signature steps were still there! This is what I am referring to.
I don't assume I am the only choreographer out there or that only my works are being lifted, but I have been a bit of a trailblazer in that I have not done show choir choreography. My work has been with classic choral compositions specifically. Hence my phrase, choralography.
Also, I want policy put in place, not just for me, but for all choreographers working in the choral world.
That having been said...I would like to address this issue starting here in our state and then perhaps organize it well enough so that it can be "spread" to the other 49 states!
Thank you. I have suffered quietly for years with this, feeling helpless to do anything. I was told nobody would listen or even cared.
I have been in "awe" of your choreography (CSUN) in the past and would hate to have folks taking your work without compensating you for it.
Thank you.
There is SO much literature coming at us regarding copyright laws in recording and printing...but never have I seen any reference to choreography. And until your e-mail...I wasn't even aware that there was an ommission! SO...what to do....
As more choirs are using some kind of movement to break up/ spice up/ or redefine their concerts, it has become in increasingly growing field. Any awareness that can be raised before the Miami Convention will be good. Yvonne Farrow
Choreographer |
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Dear Editor;
I cannot tell you how much including the investigation of Choreographic Copyright Law in Michele Holt’s letter, From the President, in the January 2007 issue, means to me. Until I read it, I thought my pleas had fallen on deaf ears.
To be clear, as a member of ACDA and the Society of Stage Directors and Choreographers, I do not expect ACDA to police its membership – just bringing awareness to the problem will make all the difference! Attention to matters of copyright infringement does not affect just choreographers, but conductors who create movement for their choirs as well.
With such a great start by Ms. Holt, perhaps choral directors could embrace a few simple guidelines:
- Have the choreographer set their own work on your choir – we are usually paid only once, at inception.
- Always give the choreographer credit in your program as you would a composer or an arranger.
- Get permission to use the work on your group – music and movement are not synonymous,
- Pay for use of the choreography – even a small honorarium is better that nothing at all.
- Make sure the choreographer has given permission to have their work videotaped at performances and events (eventually a royalty structure should be put in place), and is properly credited on all media (however, this does not entitle consumers to adapt, modify or use choreography in whole or in part).
Thank you, Madame President, for getting this year off to a great start!
With great respect and gratitude,
Yvonne Farrow
Los Angeles, CA |
Hello Ms. Yarrow,
I read your ACDA letter and looked at your website today. I have had students choreograph various pieces over the last several years, using generic and borrowed moves , mainly from more pop idioms. I believe we have seen your version of The War Song (stunning work) and have performed Sifuni Mungu, but I'm pretty sure none of has seen anyone else perform choreography to it (Sifuni).
When you speak of protected work, are you referring to entire pieces, to shorter sequences within a piece or even to individual moves? Should I worry about getting sued for inadvertently using the same brief motion that you or another choreographer uses?
We mainly use simple swaying and stepping with an occasional arm flourish, but I would not want to infringe on any arranger's work.
Thanks,
Dr. René Gutierrez
Delano HS Choir
Mr. Gutierrez -
Thank you for writing.
There was a college choir who saw my work on another choir, got a copy of it and "adapted" it to their choir. They kept the essence of my movement, which was uniquly mine and then added to it - if you saw the gestures and movements in certain sections you knew it was distincly mine and borrowed from me, without permission. Especially since the movement was to the exact same choral work and the choroegraphy for the piece began and ended the same way! They may have fudged the middle - but the signature moves were mine to the exact same music. This is what I am talking about.
If a choir wants to perform to the exact same musi c and use some of the exact same movement, but does not want to pay or even acknowlege the choreographer for the choreography that is distincly theirs as it is set in that work - then that choir should make up thier own steps from scratch.
I have been told that my choreography for War Song has been performed by several choirs without my knowledge, permission, compensation or even credit in the program. This has happened with other works that I've been made aware of as well. I hope Sifuni Mungu is not one of them. I have only set the work on two choirs. Only they have permission to use it.
The problem is that when choir directors buy the sheet music, they think they can have the movement too and this is not so. Even when a recording artist "samples" music from another song to create a new song - the original artist gets paid.
I am only paid once on a work. If I am hired to set that work on another choir, I luckily can be paid again. It is not considered fair use when the practice of blatant plagiarism interrupts my ability to make a living.
What I create comes from within me. I am inspired by all kinds of stimulus. Movement is universal, nothing is new - but when movement is fixed within a work and is distinctive to that work, it is copyrighted and therefore protected.
Yvonne Farrow
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Hi,
I came across your sites after searching for the director of Stogie Kenatta’s Paul Robeson production. Whether or not that’s the case, I did just check out several of your links (very impressive, all of it) and came to this page. And read it.
My mom is a now retired Minister of Music, choral director, organist, pianist, music educator etc and so for well over 60 years now. Although not a choral-choregrapher by trade (movement is integral to many aspects of her artistry), she always always been concerned for the rights, well-being and dignity of creators of music.
A family friend when I was growing up was composer Katherine K. Davis. She wrote beautiful hymns but was rarely recognized let alone paid for her compositions. One of her most popular compositions is “The Little Drummer Boy,” you know, the bah rampapam pam song. The popularity of that song versus the relative poverty of her life taught me great lessons about giving people credit where it is due, the music industry…and the wonderfulness of those blessed with such gifts.
Best of luck with your campaign and all you do!
Solidarity,
Doug Calvin
Youth Leadership Support Network
Doug -
Thank you for your message. I greatly appreciate what you have shared.
Yvette and I are from DC. We were in the first graduating class of Duke Ellington School of the Arts. We are both teaching artists as well as producing artists.
I clicked on your link and it is wonderful to read the mission of your organization and work you do. Thank you for your service to the youth!
My best,
Yvonne
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