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Topic: Legality of Posting "Replayed" Copyrighted Songs?

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  1. #1

    Legality of Posting "Replayed" Copyrighted Songs?

    If I record in a sequencer using MIDI, some popular song that would be under copyright like, let\'s just say, The Eagles \"Desperado\" as a solo piano piece, and then export the audio using that MIDI from a piano module, and make an MP3 of it, and then post a link to that online, is it legal? I\'m assuming not, but I\'m not really sure. Is that why all the sample MP3s I find tend to be either unknown pieces or classical pieces not covered by copyright? Understand I\'m not talking about posting the original song, but my playing of it. I was thinking about recording some popular music using different piano samples so people could compare something in this genre, and something they\'re familiar with. The classical and blues stuff is fine, but it doesn\'t give you the whole story of a piano sample\'s sound.

  2. #2

    Re: Legality of Posting "Replayed" Copyrighted Songs?

    You have to get permission if you\'re going to publish it (on the web or CD). Check out http://www.harryfox.com for the details.

    -- Martin

  3. #3

    Re: Legality of Posting "Replayed" Copyrighted Songs?

    Yes it is illegal. Check out http://songfile.com and call the Harry Fox agency if you\'re interested in internet delivery of your cover tunes. (mp3, streaming, etc.)

    Now, if you have no intentions of trying to make any money, you can do like 1000\'s others and simply cover the song and upload it somewhere. Unless the cover tune is incredibly popular no one will bother you.

    You will need to get your own server, because none of the major players will allow you to upload cover tunes without a license now days.

    To protect this forum, I would assume you can\'t upload a cover tune here, but it\'s ok to LINK to a cover tune that\'s on your server or elsewhere.

  4. #4
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    Re: Legality of Posting "Replayed" Copyrighted Songs?

    If you\'re doing it purely to compare piano libraries that would be \"fair use\" and legal. (To make clear this is the purpose you might avoid recording the tune in full). If you\'re using it as a jingle to illustrate your site, or to advertise yourself or a product, you would need permission, even if you\'re not making any money from it.

  5. #5

    Re: Legality of Posting "Replayed" Copyrighted Songs?

    I don\'t think that falls under fair use. In fact, I\'m not sure much does. You cover a song, you pay a royalty -- that\'s how it works. Even the guys doing covers in bars are supposed to pay up. But, of course, they rarely do.

  6. #6
    Senior Member Bruce A. Richardson's Avatar
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    Re: Legality of Posting "Replayed" Copyrighted Songs?

    Now, if you have no intentions of trying to make any money, you can do like 1000\'s others and simply cover the song and upload it somewhere. Unless the cover tune is incredibly popular no one will bother you.
    <font size=\"2\" face=\"Verdana, Arial\">Famous last words. Just clear the permissions. It ain\'t all that...people do it every day, all day long. It\'s easy. Operators are standing by.

    By the way, you won\'t get anywhere claiming fair use for a demo. Fair Use (note the caps) is a very narrrow and specific instrument. In essence, if you can achieve the same end result WITHOUT using a copyrighted tune, you will have a hard time qualifying for fair use. Demonstrating a sample library is definitely not a fair-use qualifier...you could demonstrate it just as well with your own tune, therefore, a copyright holder\'s duty to serve the \"greater good\" is not invoked by you deciding you want to demo a library with his tune.

  7. #7
    Senior Member Bruce A. Richardson's Avatar
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    Re: Legality of Posting "Replayed" Copyrighted Songs?

    Originally posted by robgb:
    I don\'t think that falls under fair use. In fact, I\'m not sure much does. You cover a song, you pay a royalty -- that\'s how it works. Even the guys doing covers in bars are supposed to pay up. But, of course, they rarely do.
    <font size=\"2\" face=\"Verdana, Arial\">Most bars/clubs pay a standardized fee to royalty organizations which covers \"covers.\"

  8. #8

    Re: Legality of Posting "Replayed" Copyrighted Songs?

    \"Most bars/clubs pay a standardized fee to royalty organizations which covers \"covers.\"\"

    I seriously doubt this. But for what it\'s worth, what is a \"stanardized fee\" to royalty organizations? I can\'t imagine the sports bar down the street which has cover bands play every weekend is making a payment to anyone except the band.

  9. #9

    Re: Legality of Posting "Replayed" Copyrighted Songs?

    Maybe it depends on where you are at-in Madison lots of little clubs dropped local groups that did covers, because BMI was there checking all the time-pretty strong musicans union, too-at that time. It was good for groups that orignals. They generally buy a license for the year, I think. If you need individual licenses for publication/use-Harry Fox Agency is a one-stop option-I\'m not sure it\'s the cheapest/best
    but our studio guys usually go thru\' them because it\'s easy.

  10. #10

    Re: Legality of Posting "Replayed" Copyrighted Songs?

    Bruce wrote:

    Most bars/clubs pay a standardized fee to royalty organizations which covers \"covers.\"

    That\'s good to know. I was under the impression that it was up to the performer to get clearances, but my experience in the matter is nil, since I don\'t think I\'ve ever in my life played a cover tune.... [img]images/icons/smile.gif[/img]

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