[Smt-talk] MIDI Files and Copyright

[Yuri Broze]

Just a followup,

I'm not current on this issue, but the legal question as I understand
it relates to whether a MIDI file constitutes a "score" or a
"performance."  If it's a score, then this falls under the domain of
publication rights, whereas if it's a performance, then the
restrictions are considerably different.  Essentially, playing a MIDI
is
a performance of the work, and therefore rights would go through
ASCAP, BMI, or another performing rights organization -- but only if
it's a *public* performance.  There is clearly nothing illegal about a
musician playing a popular hit at home for their friends.

Not an answer, but just another perspective.

Yuri Broze
314.910.3152
1637 N 4th St
Columbus, OH 43201

>
> Message: 1
> Date: Mon, 24 May 2010 14:49:58 -0400
> From: Scott_Atwell at ferris.edu
> To: smt-talk at societymusictheory.org
> Subject: Re: [Smt-talk] MIDI Files and Copyright
> Message-ID:
>        <OF07767F41.A6AEBCD4-ON8525772D.00615E95-8525772D.006773BE at ferris.edu>
> Content-Type: text/plain; charset=US-ASCII
>
> Dear Stefan,
>
> Greetings.  I would say that there is nothing special about the format.
> Briefly, if the underlying work is (C) then the MIDI file is (C) as a
> derived work.  For example, the melody line to "Yesterday" is (C); if you
> add the chords, then even more so.  If it is only a short segment, then
> under a 4-factor fair use analysis the use -- creating a MIDI version --
> might come out okay.  Distributing/making available just ups the ante/risk
> of getting a Cease & Desist letter.
>
> Kind regards,
>
> Scott D. Atwell, Ph.D.
> Professor - Reference Librarian and Liaison for
>     Art, Music, Philosophy, and Religion
> Ferris State University Library for Information, Technology,
>     and Education (FLITE)               Tel.: (231) 591-2948
> 1010 Campus Drive                      Fax.: (231) 591-2662
> Big Rapids, MI 49307-2279    Email: atwells at ferris.edu
>     URL: http://library.ferris.edu/scott/ockeghem.html
>
>
>
> From:   skostka at aol.com
> To:     smt-talk at societymusictheory.org
> Date:   05/24/2010 01:32 PM
> Subject:        [Smt-talk] MIDI Files and Copyright
> Sent by:        smt-talk-bounces at societymusictheory.org
>
>
>
>
> I have a lot of MIDI files (actually in .WAV format now) of examples from
> my 20th-century book. Most of the music is under copyright. Does anyone on
> this list know if it is legal for me to share these files? They are almost
> all snippets -- not entire movements.
>
> Thanks.
>
> Stefan Kostka
> Professor Emeritus
> University of Texas at Austin
>
> skostka at aol.com
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>
>
> ------------------------------
>
> Message: 2
> Date: Mon, 24 May 2010 20:32:32 -0700 (PDT)
> From: Ildar Khannanov <solfeggio7 at yahoo.com>
> To: smt-talk at societymusictheory.org, skostka at aol.com
> Subject: Re: [Smt-talk] MIDI Files and Copyright
> Message-ID: <180617.5738.qm at web45003.mail.sp1.yahoo.com>
> Content-Type: text/plain; charset="iso-8859-1"
>
> Dear Professor Kostka and the List,
> ?
> I have had a conversation with the? copyrhight lawyer at the Kompositor Editions in St. Petersburg, Russia, on the same topic. I wanted to add a selection of musical examples to a book. The lawyer was very strict about it and suggested that the publisher would have to sign a special contract with the labels. I wanted to borrow from several labels, therefore,?it proved to be impractical.?This is an interesting question, though. It seems reasonable nowadays to add some audio files to a printed book. To use Midi versions?cannot solve this problem: it can still constitute copyrhight infgingement and the quality of sound does not make it worth publishing. ?In my experience, the answer was negative.
> ?
> ?
> Best,
> ?
> Ildar Khannanov
> Peabody Conservatory
> Johns Hopkins University
> solfeggio7 at yahoo.com
>
> --- On Mon, 5/24/10, skostka at aol.com <skostka at aol.com> wrote:
>
>
> From: skostka at aol.com <skostka at aol.com>
> Subject: [Smt-talk] MIDI Files and Copyright
> To: smt-talk at societymusictheory.org
> Date: Monday, May 24, 2010, 9:33 AM
>
>
>
> I have a lot of MIDI files (actually in .WAV format now) of examples from my 20th-century book. Most of the music is under copyright. Does anyone on this list know if it is legal for me to share these files? They are almost all snippets -- not entire movements.
>
>
>
> Thanks.
>
>
>
> Stefan Kostka
> Professor Emeritus
> University of Texas at Austin
>
>
> skostka at aol.com
>
>
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