© Copyright primer
on Computer music files
you may substitute the word Computer
music files with
MIDI, MOD, WAV, RA, RMI, ***, ???, 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 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 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.
On the other hand, some Computer music music files can be maintaned
or upgraded much like computer programs( MIDI or sequencer files). 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
For some information on Computer music file formats read
copyright © 1997 by Wolfgang W. Scherer
for comments or questions e-mail the author 
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