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15 Ent. & Sports Law. 1 (1997-1998)

handle is hein.journals/entspl15 and id is 1 raw text is: The Lone Arranger
Have the Courts Unfairly Singled Out Musical Arrangements
by Denying Them Protection as Derivative Works?
JEFFREY BRANDSTETTER

(rhere is an old joke about the Lone Ranger
riding into a valley alongside his trusted
friend Tonto. As the two come to the mid-
dle of the valley, they notice a human wall of Indians
lining the perimeter of the valley, surrounding them
entirely.1 Realizing their predicament, Kemosabe
turns to his faithful companion and exclaims, Looks
like we're in big trouble now! to which Tonto
replies, What do you mean 'we'?

By distancing himself, Tonto singled out the Lone
Ranger as somehow different, leaving his companion
unprotected. Similarly, have the courts unfairly sin-
gled out musical arrangements (prepared by so-
called arrangers) as being the lone form of works
based on preexisting works that do not constitute
protectable derivative works? In short, the answer
depends on which tribunal you ask.
(continued on page 18)

Illustration by Richard Laurent

PUB3LICATION OF THE ABA FORUM ON THE ENTERTAINMENT AND SPORTS INDUSTRIES

VOLUME 15, NUMBER 1 - SPRING 1997

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