© Copyright primer on MIDI music
you may substitute the word MIDI
music with computer
music
since everything said applies to all
music file formats
start
About MIDI files and copyright
There is no question that copyright applies to MIDI files - of
course it does!
MIDI files are another form of recording music -sometimes even referred
to as "digital sheet music". Therefore they
constitute a new creation or a use of music like printing sheet music,
performing music, or recording on tape. Both- creation and use
- are protected and regulated by national and international copyright
laws. For everyone involved in creating music and/or recordings professionally
- this page could end here - with nothing more to say . However, many people
have not recognized that copyright applies to all uses of music-
including MIDI recording- and also using such recordings in publications.
Most users of MIDI files; the non-professional creators of such
files more so, are somehow subconsciously aware of this fact, but since
royalty collection on computer music or the Internet has not yet
been organized, many MIDI file enthusiasts and MIDI musicians have payed
little attention to the copyright issue, because they simply got away with
it for now.
What is copyright ?
(for more read The
Copyright info)
The right to make copies from an original piece of a new creation.
The copyright is the exclusive right to make copies
of the original - hence the name. The word duplication clearly states by
its name that making one single reproduction is already copying!(duplicating)
and that means you need permission from the owner of the copyright.. The
copyright revenues - called royalties - are shared between all participants
in the venture: normally the composer, lyricist (the person who wrote the
words ), and the publisher.What about the recording artist(s) who performed
the song, the record company (label), and the distribution company?
They should collect on another right, but that does not stop them from
trying to "cut in" on as much as they can grab from the author's
copyright revenues.
Most people think there is only one copyright, but there is one important
thing to be understood: A recorded piece of music is actually a subject
of two (2) separate, but layered copyrights. Sometimes referred
to as copyright © and copyright (P)
(As you see there is no ASCII preset for (P) on the
keyboard yet , it should be a circle with a P in it.)
The creation copyright of the author is most commonly understood
and respected. The composer owns this right to his music.In most cases
this copyright is assigned to a publisher to "sell" the song. That
is what copyright contracts are about.
The other is the recording performance production copyright, which
is the right of the performing recording artist(s) to their specific interpretation
(production/performance) of the song/music which is recorded . However,
the recording artist(s) can only use the music written by the composer
under a copyright license ! The performing artist creates the
additional copyright of his performance in the recording production
- on top of the composer/lyricist creation copyright. That
is why those "recording rights" are called in legal terminology
"Neighbouring Rights".
Most people get those two rights mixed up and often take the "stars"
performance on the record ( the production right) for the copyright. Most
stars did not write the songs they perform, that is what songwriters are
doing! You may get a better idea by checking for yourself how many
different artists have recorded the same song. And not all productions
sold the same number of records, one sold more, the other less, but the
creator got royalties from all productions, however, these are only a few
pennies per record ! The big profits go to the record selling industry.
Recently "declining" record sales have alerted record companies/(P)Production
right owners and publishers /©copyright owners alike to other previously
neglected ways to collect on copyright. Since MIDI files are also music
recordings governed by the same copyright laws as any other sound recordings
on tapes and CDs ( and computer disks), the copyright owners are legally
entitled to royalties and they want them now - no more free rides! (
As said above, record companies are today publishers too !)
For more information on copyright and related issues
see The Copyright
Info. and Guidelines
for the use of music under copyright
How does copyright affect a normal person
not professionally involved in music
The same way as it does the professional -there is no exception (e.g.
see your license agreements, that came with your software).If anyone is
using music under copyright for any other than strictly personal use
- royalties are due !
This includes especially recording in any form, broadcasting,
printing, playing /performing to audiences, or including for use with other
media. Creating any duplictions or providing for it (copies) constitutes
distribution, even when not for profit - as soon as there is more
than 1 or 2 copies for personal use (or backup).you are in violation of
the copyright. (copyright lingo sounds like,
because it is , software license lingo - and vice versa)
When you use recorded music you have to pay royalties to the
composer/publisher collected by copyright royalty agencies and you
have to pay the artist/record label for the performance production right.
With buying the record you aquire both these licenses for your personal
use only - on older records this license was always printed on the
record label. The fine print states clearly that it is licensed only for
personal use - not for broadcasting or re-publishing or public performance
or any commercial venture. This applies the same to tapes and CDs
- the fine print is in the booklet or on the box panel card. Using
this music as a D.J, on the radio or for a movie, TV show , dance etc.
generates "commercial use" copyright fees. Including
music in webpages or other files or making them available to others
( per FTP or downloading) constitutes (re-)publishing /broadcasting of
this music to the public! This is why one must distinguish between personal
(strictly private non public use) and all other applications. See also
our writing Homepage
- part of my home? for more information on that tricky issue.
By definition, any other than private - non public- personal use of
music recordings triggers royalty obligations, which have not yet been
addressed in some instances, because it was deemed not worth to be collected,
or it was considered of "insignificant" volume, or the enforcement
not worth the effort. This view has changed dramatically and even governments
responded by updating legislation.. The Internet "audience" is
growing rapidly, outgrowing anything else ! So it is only a question
of time until the royalty issue will be organized nationally and internationally
. With enforcement of copyright comes the possibilty of nasty surprises.
The first warnings from big music companies have already been issued
to private "MIDI file archives" on the Internet and fines
can be hefty.(see ads on copyright - this applies not only to software
!!) So you'd better make sure you have only registered /licensed,
therefore legal, music files!
As a computer user you should be familiar with license agreements. The
purchase price for programs includes the license (copyright) royalties
, or the registration fee for share-ware and all the other *-ware venues
are practically a copyright fee. This underlines, that it most always
involves some kind of a contribution to obtain the license - it is not
really "free".
Why are there so many "unauthorized" MIDI-files
around ?
At first nobody would "publish" or broadcast MIDI-files, because
the creation was limited to sequencer users and studios. The sound equipment
needed to play those files was not common - until now, when computer music
use and with it sound cards that use MIDI files virtually exploded
via Internet and multi-media-computing. Every new sequencer owner
seems now to think of the Internet as a possible audience.But they all
need to know, that even an electronically transmitted performance triggers
performance royalties and the recording mechanical duplication fees! There
are also renditions of music that defy the term "music". Merely
punching sheet music into a sequencer is only making "digital sheet
music", it does not make it a "dynamic performance, you have
to apply "conductor skills" to it before is becomes music,
but even those MIDI files are a violation of copyright. Remember duplicating
sheet music was the first application of copyright in history !
Many sequencer owners have recorded and collected MIDI music without
thinking of copyright. Since everyone with a sequencer can produce MIDI
files, the established control at duplication sources failed, much more
- it became uncontrollable. When MIDI files were in the beginning limited
to personal use, this changed gradually with multi media applications coming
of age. Affordable sequencer software has brought even more musicians to
MIDI recording. Many of them recorded music under copyright. As a new application
for sequencer software MIDI files have also been sold on floppy
disks by artists who have taken to this medium as an art form of their
own, using MIDI recording like any other means of music recording. Many
people collected and duplicated (distributed) MIDI recordings like stamps
not realizing, that they were and still are in violation of the
copyright, when those files contain copyright protected music..Since MIDI
recording was for instrumental renditions only, they could not see why
they violated the copyright with an "own" rendition without the
"star" artist. They obviously can not see the difference
between the (P)Production right and the ©copyright either.They
all should be ordered to read the paragraphs above twice.
For more info on this also read Guidelines
for the use of music under copyright
Are there any copyright free MIDI-files ?
Not really - only, if the recording artist(s) make no claim to
the production/perfomance and the music used
is public domain . Public domain means the copyright has expired
. This is the case for traditionals or music where the creator is dead
for at least more than 50 (fifty) years, in most countries now even 75
(seventyfive) years. That is the now valid period of protection, unless
it was published under pseudonym, then the work is protected for this period
from the year of first publication. Most of the popular songs are not half
this old, so you are in "hot water" using MIDI-files containing
this music.
When a claim is made that the music is copyright free, it mostly means
that the music used is public domain, and the production performance
license is paid for with the purchase of the recording or the bundle it
came with . e.g. as a demo for a software with a soundcard or similar things
. As a part of that bundle the use is restricted like the program it came
with ! Sometimes music is used as a special promotional tool - however,
this music is part of the software copyright (see above). Even if
you want to give away your music recordings for free - make sure it is
all your own copyright - or you have to buy it first - and that
price tag could be prohibitive for normal people!
There are some MIDI recordings of classical "copyright free"
music in some archives, available free to everyone who wants them. The
recordings were made by music "lovers"( often unpaid music
student to give them a feeling what the future job is all about ) and
are free to obtain to spread the use of "good" classical music.
The production right has been waved so this are somehow "free"
MIDI files. However even "free" software comes with a "license",
which is always limiting the use to personal, educational and cultural
"applications" (?), excluding any "commercial" or unspecified
"other" applications. That is for one obvious reason, the same
people do not want the work they do for a living to be totally eliminated
either, by someone delivering it for "free".
But are there not some artists who give their creations away for free
? Perhaps, when they are desperate and have given up any hope of getting
their "stuff" out.. But in all cases they give it away
as DEMO. They never give up the copyright to it, so you may have such files
for your personal use, but you can not "re-use" them. Do not
overlook , even when music demos come with software, that the software's
license restriction apply to this music file too. Do not fall in that trap!
Those who offer a demo file appreciate your free advertisement for them,
however, who gives you something free always expects that you give something
back, or pay for something else to make up for it - hence it is a DEMO
for something and you are at least required to display a logo, advertisement
or a straight copyright notice that recognizes ownership or to give proper
credit! ( e.g © 1997 Beaver Mills Music). Most all DEMOS
have a "advertising" copyright notice attached , that is what
they were made for !!
Only a virtual artist lives from honour
and fame alone, real humans need cash to pay their bills, so be
careful, if it is called "free" (or available per anonymous download
) - if it does not come from the copyright owner ( as DEMO) or under and
with a stated license, it could be "stolen goods" - and a bill
(copyright fine) could follow the trail to the "reckless" creator
and the "unaware" user!
What about all those MIDI files "available"
on the internet
Take a careful look ! For example: if you get a MIDI-file containing
"Yesterday" (Beatles) the recording "artist" most likely
has not payed for and obtained a license to record this song, and by downloading
and using it you are practically using "stolen" goods with all
legal consequences. This applies also to MIDI files where the
creator - the recording musician - does not make any money. If
recorded without license there is no distribution - not even for
free. No one can give away the property of somebody else - here the
composer's property. This applies even more to bad renditions of someones'
music. If you pay your license fee first - you may give your recording
away, but who can afford that. To make it more clear try this example :What
if someone would simply take your (valuable) car and after doing a little
paint job and putting other tires on it, this person would sell it, or
even give it away for free...or worse, crash it and than give away the
wreck in whole or in pieces - you would be quite upset - so are the copyright
owners.
Any popular song of the last fifty years is most likely still under
copyright unless it is a known traditional or classical piece of music!
If you are in doubt, look for an old record of it (or better sheet music!)-
check the year of copyright and add at least 50 years (better 75 years
). You may have to wait still before it is public domain ! What music is
public domain is not always that easy to decide, not even for seasoned
musicians. A certain new version of an old tune ( maybe it is even labeled
based on........) is copyright protected too, you can only use the original
traditonal tune. However, this applies mostly more to the lyrics than to
the melodies of such songs.
What about my own MIDI files
For sure, you can have GIGA Bytes of MIDI files for your own personal
use if they are created by yourself . But never distribute them
_not even to friends- or put them into a public access file archive -
if they contain music under copyright. You may use them, of course,
for your own public performances as a musician - still then royalties are
due to be payed to the copyright agencies. In many cases the premisses
, establishments or the event organizers have a license contract with those
agencies - so you are not involved in the process- nevertheless the
royalties are collected !
From this point on you should also get the idea why even
a recording of your live performance cannot be given away either! Even
promotional demo tapes by musicians/bands with more than 7 bars (measures)
of a copyrighted music/song are practically illegal! The fees are only
pennies per tape, that is why collection of these royalties is not yet
enforced, but this may change too. Without paying the fees you are legally
stealing.Today, picking a candy in a store lands you in court for theft.
It is practically the same with many music files and recordings. Now think
of several million "candies" picked daily without paying for
them from the Internet and other sources and you can calculate what creators
of music are loosing in rightful revenues. (see the copyright
alert for sample calculations) This is exactly what music companies
and copyright agencies did; and they have a legal obligation through
the contracts with the composers and artists to collect all this possible
revenues world wide.
Is there a way to know that MIDI files are legal recordings
like CDs or tapes ?
Not unless you buy them like the other music recordings
from a traceable source, so that proper royalties can be levied.
Everything else is a grey zone and copyright controlling companies are
working on closing this "hole" with a vengance. What was said
above applies of course to all
recorded music - also to WAV-files and RA-files
and all other audio files! Unless you
can afford copyright lawsuits (read the appropriate ads in your magazines!)
you better make sure, that you are not making yourself a target!
That is why we at
midi-LOOPs
created copyright
licensed MIDI files, to offer MIDI
files like software to registered users in the same way other computer
programs are licensed. The license allows you to use midi-LOOPs
with your personal computer applications and. explicitly
allows the use on your personal website, so you can include
midi-LOOPs under
this license in all your personal Webpages. You
should not distribute any music without proper licensing. You also
must display a notice, that licensed music is used and that this music
is under copyright (not to be copied ). This is for your own
protection ! You let those music pirates know, that they are breaking
the law.
What about MIDI files and share ware - can they be
tested ?
Music recordings have no trial period or beta
releases ! If you want it - you buy , if you do not like it
-- voila, and no one should argue about taste! In many
cases you may be able to listen to samples or "cuts", you will
not get from serious suppliers a full file for free download, this is not
practicable and a violation of copyright licensing too. Licensing
requires controlled download and pay for use, you will encounter variations
in delivery. However you will have to pay for those recordings like for
any other music you buy.
On the other hand, MIDI music files can be maintaned or upgraded much
like computer programs. If you have midi-LOOPs
check periodically for new versions/updates. By buying
midi-LOOPs
music files everyone can obtain this personal license, since
the price is very affordable and keeps you worry free. Also with their
Web music library growing steadily you can easily expand your collection
with everything you like for little cost. And like many computer software
programs - the DEMOs are free.
For additional information see
copyright © 1997 by Wolfgang W. Scherer
click
here for the general version of the copyright primer
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