The bottom line here is it's all about money--money they're not stuffing in their pockets because they're no longer selling sheet music, CDs, and lots of other goodies that they had monopolized over the past century. Now they're pissed, and they're using the court system to try and cash in on their recent losses. What a crock!

For me, I'll keep on doing what I've done for most of my life--freely share the knowledge I've gained from a host of sources and if the bastards want to sue me--go right ahead. I'm always ready for a good fight with the bureaucrats.

Cheers,

Gary

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Travlin' Easy

.... the fact that he's sharing it is the problem .. if he didn't do that, others who could NOT figure it out for themselves might have to buy the sheet music, or record ...

What about midi file notation software that reads the midi file and tells you what chords are being played???

t.

Yes.

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Bill
Yamaha PSR2000

I wouldn't recommend getting into a fight with ASCAP and BMI. You'd lose. As far as nursing homes, corporate events, etc, officially, someone must pay. Hotels generally pay to have music of all varieties, including recorded music played. When you sign up for Musak or other service, the liscensing is included. Several years ago, the targets were office buildings. Then, professional offices (doctors, dentists, etc.). One year, there was a problem of playing liscensed music and video at the Consumer Electronics Show, of all places. My client had to pay or not demo sound systems.

In reality, I can't imaging ASCAP or BMI going after nursing homes, but it is possible.

Around here, ASCAP comes to town every month or so, and checks the newspaper, marques and entertainment guides. Then, they lean on owners of establishments, not the musicians.

Believe me, I've met and dealt with these guys. They're rough and well funded.

Fees are to compensate composers and performers, and there is a formula which supposedly figures compensation for every sale of printed material and every broadcast or performance. How that happens, no one knows. I have been dealing with these goons for more years than I can remember.Of course, the safe way is to play unliscensed/original music. That would be no problem.The official response is "how else can performers and composers get fairly compensated for their work"?

Russ

A couple of years ago, I bought several domains as lyric sites for styles of music I like. I let them expire without ever developing the sites and now, I am glad I did. Powers that be have been going after lyric sites lately. I never dreamed they would; I assumed since the internet grew to what it is, lyric sites (that even PROMOTE purchasing the copyrighted songs/books/sheet music) would be okay. Wrong.

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Bill
Yamaha PSR2000

Does that mean that all combination of words are copyrighted?

So, if I use the term "Beat It", I'd be violating Michal Jackson's copyright. But, If I hear his song, Beat it and then transcribe the lyrics, that would be copyright infringement? How? I did not copy his work?

The copyright law states that a work must be substanially changed to not infringe on the copyright. The figure they came up with is by 25%.

So by only using "beat it" you have substantially changed it by leaving out all the rest of the song. Secondly speaking it as opposed to singing and or performing it, also makes it a non infringement.
Terry


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jam on,
Terry
http://www.artisans-world.com/

This is from the last time we were dealing with this:
WHAT IS COPYRIGHT?
Copyright is a form of protection provided by the laws of the United States (title 17, U.S. Code) to the authors of “original works of authorship,” including literary, dramatic, musical, artistic, and certain other intellectual works. This protection is available to both published and unpublished works. Section 106 of the 1976 Copyright Act generally gives the owner of copyright the exclusive right to do and to authorize others to do the following:
• To reproduce the work in copies or phonorecords;
• To prepare derivative works based upon the work;
• To distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending;
• To perform the work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works;
• To display the copyrighted work publicly, in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work; and
• In the case of sound recordings, to perform the work publicly by means of a digital audio transmission.
In addition, certain authors of works of visual art have the rights of attribution and integrity as described in section 106A of the 1976 Copyright Act. For further information, request Circular 40, “Copyright Registration for Works of the Visual Arts.”
It is illegal for anyone to violate any of the rights provided by the copyright law to the owner of copyright. These rights, however, are not unlimited in scope. Sections 107 through 121 of the 1976 Copyright Act establish limitations on these rights. In some cases, these limitations are specified exemptions from copyright liability. One major limitation is the doctrine of "fair use," which is given a statutory basis in section 107 of the 1976 Copyright Act. In other instances, the limitation takes the form of a "compulsory license" under which certain limited uses of copyrighted works are permitted upon payment of specified royalties and compliance with statutory conditions. For further information about the limitations of any of these rights, consult the copyright law or write to the Copyright Office.

WHAT WORKS ARE PROTECTED?
Copyright protects "original works of authorship" that are fixed in a tangible form of expression. The fixation need not be directly perceptible so long as it may be communicated with the aid of a machine or device. Copyrightable works include the following categories:
1. literary works;
2. musical works, including any accompanying words
3. dramatic works, including any accompanying music
4. pantomimes and choreographic works
5. pictorial, graphic, and sculptural works
6. motion pictures and other audiovisual works
7. sound recordings
8. architectural works
These categories should be viewed broadly. For example, computer programs and most "compilations" may be registered as "literary works"; maps and architectural plans may be registered as "pictorial, graphic, and sculptural works."

WHAT IS NOT PROTECTED BY COPYRIGHT?
Several categories of material are generally not eligible for federal copyright protection. These include among others:
• Works that have not been fixed in a tangible form of expression (for example, choreographic works that have not been notated or recorded, or improvisational speeches or performances that have not been written or recorded)
• Titles, names, short phrases, and slogans; familiar symbols or designs; mere variations of typographic ornamentation, lettering, or coloring; mere listings of ingredients or contents
• Ideas, procedures, methods, systems, processes, concepts, principles, discoveries, or devices, as distinguished from a description, explanation, or illustration
• Works consisting entirely of information that is common property and containing no original authorship (for example: standard calendars, height and weight charts, tape measures and rulers, and lists or tables taken from public documents or other common sources)

HOW LONG COPYRIGHT PROTECTION ENDURES
Works Originally Created on or after January 1, 1978
A work that is created (fixed in tangible form for the first time) on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author's life plus an additional 70 years after the author's death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author's death. For works made for hire, and for anonymous and pseudonymous works (unless the author's identity is revealed in Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is shorter.
BEBOP

Musically as far as I know ONLY melody lines are copyright protected. If someone can tell me this isn't true it will be the first time I've heard about it. Chord progressions and rhythms do not describe a song accurately enough to be copyright protected. In fact MANY songs have EXACTLY the same chord progression. I very much doubt that guitar tablature is protected by copyright. It probably comes down to whether the website being threatened can afford to protect themselves against litigation. Even if they can't that doesn't mean that they are liable, simply that they can't afford to try to protect their rights.

While I support protecting musicians' rights it's times like these that I detest the attitude of the music industry. They don't represent musicians just their own right to profit from musicians. They are just panicing that independant distribution of music on the Internet is eroding the business model that has supported them for far too many years and they are trying keep the last remnants of profit from disappearing. I can't feel sorry for them at all.


[This message has been edited by Nigel (edited 09-18-2006).]

spot on nigel..its the same here, only melody and lyrics are copyrighted...chord progs are not...in the case of chord charts i can't see how you can be sued, but some tabs actually transcribe the melody and or solo lines (which are copyrighted i believe) so possibly they would come under the copyright law...