New Musical Arrangements Get A Frosty Reception

• Published date: 21 December 2021
• Subject Matter: Intellectual Property, Copyright
• Law Firm: Marks & Clerk
• Author: Ms Vicky Butterworth and Claire Chalmers

For many of us, Christmas just wouldn't be the same without watching the heart-warming animated film The Snowman, adapted from the picture book by Raymond Briggs and first shown on Channel 4 on Christmas Eve in 1982. The film has a beautiful festive score written by the composer Howard Blake and is instantly recognisable, particularly its iconic song "Walking in the Air". Mr Blake composed and conducted the complete orchestral score for the animation with his own orchestra at the time, The Sinfonia of London. The orchestral concert version of The Snowman is now performed worldwide.

Over the years, Mr Blake and his publishers have received thousands of requests for permission to create new arrangements of the original score and, for the most part, permission has been given. However, having considered a new version of the score intended to be aired on BBC Radio 3 this Christmas Eve, Mr Blake refused to give permission. His reason for refusing was that he felt the proposed unaccompanied choral arrangement was a mockery of the original score, and would detract from the enjoyment felt by fans of The Snowman around the world. Radio 3 has, therefore, cancelled plans for the new radio version.

Mr Blake might not be the owner of the copyright in the famous score (which is likely owned by his publishers) but it appears he has at least retained his moral rights in the same. There are three main authorial moral rights: i) the right to be identified as the author; ii) the right to object to derogatory treatment of the work; and iii) the right to not suffer false attribution. It is worth noting that moral rights are personal property and cannot be assigned - although they can be waived.

In this case, it appears Mr Blake asserted (at least) his moral right, as the author of the work, to object to derogatory treatment of his work. Treatment of a work is considered derogatory if it amounts to a "distortion or mutilation of the work or is otherwise prejudicial to the honour or reputation of the author".

This highlights the importance of moral rights to authors of copyright works and the need for careful due diligence and rights clearance before proceeding with an adaptation / arrangement of an earlier work.

Radio 3 is not alone in encountering issues relating to new musical arrangements. Retail giant John Lewis' 2021 Christmas advertisement features a stripped-back, slow cover of Together in Electric Dreams, arranged and performed by musician Lola Young. The retailer was...