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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