© Copyright primer
on Computer music files
you may substitute the word Computer
music files with
MIDI, MOD, WAV, RA, RMI, MP3,***,
???, XYZ, music
files
since everything said applies to all music file formats
and all sound recording methods
start
About Computer music files and copyright
There is no question that copyright applies to all music
files -
of course it does!
Computer music files are another form of recording music
-sometimes
even referred to as "digital sheet music" in case of MIDI
and other sequencer files."Digital Sound" files are sound recordings
like CDs. 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 - nothing
more
to say . However, many people have not recognized that copyright
applies
to all uses of music- including computer music recording- and
also
using such recordings in publications..
Most users of music 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 computer music enthusiasts and computer musicians
have payed little attention to the copyright issue. because they simply
got away with it for now.
What is copyright ?
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 muisc written by the composer
under a copyright license ! The performing artists create
the
additional copyright of their 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
creating authors got royalties from all productions, however, this 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 all music files are also
music recordings governed by the same copyright laws like any other
sound
recordings on tapes and CDs (computer disks), the copyright owners are
legally entiteled 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 "Computer music 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" music-files around
?
At first nobody would "publish" or broadcast computer
music-files,
because the use was very 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 computer music files
virtually
exploded via Internet and multi-media-computing. .Every new
sequencer
and recording program 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
defiy
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. Or recording a personal version of a song. But
even
those "amateur" music recordings are a violation of copyright.
Remember duplicating sheet music was the first application of copyright
in history !
Many sequencer owners have recorded and collected music files
without
thinking of copyright. Since everyone with a sequencer or sound
recording
program can produce music files, the established control at duplication
sources failed, much more - it became uncontrollable. When music files
were in the beginning limited to personal use, this changed gradually
with
multi media applications coming of age. Affordable sequencer and
recording
software has brought even more musicians to music recording. Many of
them
recorded music under copyright. Computer music files have also been
sold on floppy disks by artists who have taken to
this medium
as an art form of their own, using computer recording like any other
means
of music recording. Many people collected and traded such recordings
like
stamps not realizing, that they were and still are in
violation
of the copyright, when those files contain copyright protected music.
Since
especially MIDI and sequencer recording was for instrumental renditions
only, they could not see why they violate 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 read Guidelines
for the
use of music under copyright
Are there any copyright free music-files ?
Not really - only, if the recording artists make no claim
to
the production/perfomance and the music
used
is in public domain . Public domain means the copyright
has
expired . This is the case for traditionals or music where the creator
is dead for 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 Computer music-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 a music file is used as a special promotional
tool - however, this music file 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 computer recordings (mainly MIDI) 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"
music files. However even "free" software comes with a "license",
which is always limiting the use to personal, sometimes to
educational
and cultural "applications" (?), excluding
any commercial or
unspecified "other" applications.
That is for an 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". And even
most other music files you can now buy via the internet are not
licensed to be re-broadcasted ( e.g. to be used on a web
site).You may
even be allowed to copy them on a personal CD or on your harddrive or a
floppy disk ( most are much too big for that) but you cannot share them
!
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 otherwise . Anyway, 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 an 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 / 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 Computer music files "available"
on the internet
Take a careful look ! For example: if you get a
music-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 music files where the creator
- the recording musician - does not make any money.
If recorded
without license there is no distribution - not even for free,
and you must normally provide a controlled count of your distribution.
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 recordings 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 music files
For sure, you can have GIGA Bytes of music 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 Computer music 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 - therefore also to
all music
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 midi-LOOPs
created copyright
licensed MIDI music files, to
offer
music files like software to registered users in the same way
other
computer programs are licensed. The license allows you to
use
these files like your personal computer applications and. explicitly
permits the use on your personal website, so you can
include
midi-LOOPs files under this license in all your
personal Webpages.
You should not distribute or "broadcast"
any music without proper licensing. You also must display
a notice,
that this 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 Computer music 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 most
cases you may be able to listen to samples or cuts, you will not get
from
serious suppliers a full featured file for free download, (except a
specific
DEMO) 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.
ALWAYS REMEMBER:
Music is NOT FREE - its a product with a price - as little it may be,
respect it.
For additional information see
For some information on Computer music file formats read
copyright © 1997 -2010 by Wolfgang W.
Scherer
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