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Topic: Copyright issues

  1. #1

    Copyright issues

    I am wondering how the whole copyright thing works with posting demos. I have seen some people post stuff (such as Copland) that I don\'t believe is public domain, so is it ok to just post thngs? I have some demos of Brahms and Rachmaninov symphonies i\'d like to post eventually but i dont care much for getting in trouble.

  2. #2

    Re: Copyright issues

    I think it is O.K. to post stuff that is very old, like Beethoven, Schubert, etc, but I am not a copyright expert. Someone told me that copyrights last for 100 years. Is this accurate?

  3. #3

    Re: Copyright issues

    I figured Beethoven and Schubert were public domain, since you can find complete scores of their works online. I was mostly concerned with the people who come in the next time period, like Brahms and Rachmaninov.

  4. #4

    Re: Copyright issues

    If I remember correctly after 60 years from the death of the author the music becomes of public domain.
    I\'m not sure.

  5. #5

    Re: Copyright issues

    There are two categories under US law:

    1. For works created on or after 1/1/1978, it\'s life of the composer, plus 70 years. Period.

    2. For works created before 1978, same thing, EXCEPT no copyright will expire before 12/31/2002. Additionally, if the work is published on or before 12/31/2002, the copyright will not expire until 12/31/2047.

  6. #6

    Re: Copyright issues

    Everything Meanska said is true. But... what about the royalties on copyrighted material on the Internet? Is is mechanical royalties or performance royalties?

    If it\'s mechanical, then whoever posts the copyrighted material would have to pay the writer about six cents per hit. If it\'s performance royalties, then Gary or whoever owns this forum would have to pay ASCAP or BMI royalties, but only if it\'s surveyed.

    Beats me how they interpret this stuff. My guess? The music industry still hasn\'t figured it out yet.

    Mike Jasper

  7. #7

    Re: Copyright issues

    As far as publishing works not in public domain, you must either get permission (i.e. acquire a license) or constrain your use to fit within the \"fair use\" provisions of U.S. copyright law - at least in my case:

    TITLE 17 > CHAPTER 1 > Sec. 107.
    Sec. 107. - Limitations on exclusive rights: Fair use

    Notwithstanding the provisions of sections 106 and 106A, the fair use of a copyrighted work, including such use by reproduction in copies or phonorecords or by any other means specified by that section, for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research, is not an infringement of copyright. In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

    (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

    (2) the nature of the copyrighted work;

    (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

    (4) the effect of the use upon the potential market for or value of the copyrighted work.
    <font size=\"2\" face=\"Verdana, Arial\">The clip that I made public of Copland\'s \"Fanfare for the Common Man\" falls under the fair use provision, IMHO, with factors 1, 3 and 4 containing the most direct bearing to my example. My ability to play it in its entirety at the NAMM show was due to the fact that there is a blanket performance license covering that venue.

  8. #8

    Re: Copyright issues

    Houston writes:

    \"As far as publishing works not in public domain, you must either get permission...\"

    I don\'t think so, exactly. That is, once a work has been published anyone else can record it at any time. It\'s called a Compulsory License. No permission involved, just notification. The exception would be for film, TV, and radio commercials, where it becomes a work for hire and permission is needed.

    Then again, maybe things have changed. Maybe I should buy the latest version of This Business of Music.

    But I agree, Houston, that you\'re use of Copeland falls into the Fair Use category.

    Mike Jasper

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