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Non Resident SOTW Eccentric & 2012 Forum Contribut
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??????? hmmmmm
 

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It isn't that simple as there is a copyright in the recording and a copyright in the composition.
well, copyright in the composition is supposed to expire 50 or 70 years after the death of the last co-composer (different rules in different countries, again). It is not supposed to be paid for live recordings, since it has been paid already for the live performance that has been recorded.
But for the recording is a confused area (with the difference between UK and US), I am not sure the record on the link I posted pays ANY kind of copyright.

If the mp3 files were posted on a British website, they would probably be legal unless they are sold, in that case the composer's heirs would be entitled to a slice.
I am even more ignorant about printed music, though.
 

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On a positive note, it's a smart and organized idea to file a copy of the recording with the notation of each transcription. I'm going to start doing this as I work on anyhing so the reference is right there...
 

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I thought there is a "fair use" clause pertaining to music, sheet music, etc. So long as someone is not trying to pass off copyrighted material as their own original material, there shouldn't be a problem. Anyone who has ever played a cover tune in a band is in violation of copyright. If you've played a CD for a bunch of friends, you're in violation according to some people's legal interpretations. Or how ridiculous is it to refer to Autumn Leaves as "Fall Foliage" or some such silliness for fear of copyright yadda yadda... Everyone knows you're referring to Autumn Leaves, and everyone knows the melody, the chords, etc. Why the obfuscation?
 

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I thought there is a "fair use" clause pertaining to music, sheet music, etc. So long as someone is not trying to pass off copyrighted material as their own original material, there shouldn't be a problem. Anyone who has ever played a cover tune in a band is in violation of copyright. If you've played a CD for a bunch of friends, you're in violation according to some people's legal interpretations. Or how ridiculous is it to refer to Autumn Leaves as "Fall Foliage" or some such silliness for fear of copyright yadda yadda... Everyone knows you're referring to Autumn Leaves, and everyone knows the melody, the chords, etc. Why the obfuscation?
The term "fair use" is used a lot by folks that need an excuse to steal. Performing for your friends is not the same as making illegal copies and posting them online.
 

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Grafton + TH & C alto || Naked Lady 10M || TT soprano || Martin Comm III
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That's correct. Fair use can include use for News programmes and education provided only a small percentage is used. Any person's notion of fair use may be challenged by a copyright holder, and so often the burden of proving in what way use is fair is up to the defendant.
 

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The Fair Use exception "for educational purposes" in US Intellectual Property Law springs from common law decisions that recognize a public policy rationale for allowing material to be copied and used without profit to the copier for educational purposes; ie: the dissemination of parts of a book for an English lit class. That exception would probably be the one the web site owner would hang his/her hat on in a legal fight. The problems with the site are that the dissemination of the materials maybe uncontrolled as per the use of materials on the site by secondary users. Also, the site owner cannot verify the class of users. Not for profit status alone is not a way around the law; there is no "Robin Hood" argument that is recognized. Another big problem is the sheer volume of the material that the site owner has amassed. One would think that one of the big publishing or protection agents would sue. The internet has facilitated these kind of compilations (not withstanding much work by the compilers) and continues to test new law and legal arguments. It is a real threat to music makers and publishers since a real argument against the educational exemption is that all use is "educational " in nature if one is reading or listening. The internet poses the threat of opening a floodgate which can never be closed, and indeed, some legal intellectual property experts believe that has already happened. The double whammy for musicians is that the free rampant dissemination of their recorded material cheapens the value of their recordings, and competes with their live performance for audience dollars. I agree that this is a "cool" site. I also agree with the legal commentators that Pandora's Box has been opened. It is difficult for the law to keep up with technology now available and evolving. The next time you play a gig at a performance space and Coltrane is wafting through the speakers as you sit in the green room and you look into the audience to see people downloading Giant Steps for free on their smart phone while listening to Sonny Rollins' "The Bridge" in their ear buds while you warm up with some long tones, you may catch my drift...
 

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Well first off, I'm not stealing anybody's material so there are no excuses involved. As far as illegal copies go, here is a scenario. I buy a CD and transcribe my favorite tune and solos. I write it down so I can refer back to it anytime in the future. My buddy comes over to hang and listen to some music. I play my new CD and he hears the tune I transcribed, exclaims: Damn, that's a killin' tune! I wish I could learn that." Wouldn't you know I just so happen to have my transcription and offer to make a copy of my transcription. Is my transcription and/or it's copy an illegal piece of sheet music? I privately used it to help my buddy figure out his now favorite tune. If I scan my transcription and post it on my blog, am I in violation?

As soon as everyone hears (or more particularly, buys) your (or my) music, they all have it. Are my ears subject to royalties? Pandora's box is opened the instant the reed vibrates in a recording studio, and certainly when I hit the play button on my CD player. Yes I still use CDs. Maybe I'm dense, TraneSpotter, but your drift isn't so clear about the green room. The Giant Steps part, sure, but what are you saying otherwise? I guess part of my point is a product made for, and which depends on, public consumption can't enjoy or expect 100% control. Motor vehicle laws can't stop accidents from happening. There is risk involved which can't be avoided. And BTW, don't take this post as condoning illegal usage.
 

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Is my transcription and/or it's copy an illegal piece of sheet music? I privately used it to help my buddy figure out his now favorite tune. If I scan my transcription and post it on my blog, am I in violation?
Yes, if the tune is in copyright, of course that would be illegal. But you'd probably "get away with it" unless you had a very famous and popular blog.

Motor vehicle laws can't stop accidents from happening.
No, but they can make quite a contribution towards them not happening, or if they do happen then they can be less serious e.g. seatbelts, crash helmets, air bags. Compulsory insurance may also contribute a lot to people's safety in many circumstances.

And BTW, don't take this post as condoning illegal usage.
See above. I think you probably have a different definition of "illegal" to those who make the laws.

I do understand why people would want something for nothing, as opposed to buying, however I also see the other side of the argument, which is that musicians deserve to be paid for their intellectual property as defined by the law. Of course, I would say that as I make my living from my copyrights. If I didn't I might be more in favour of copyright theft. I suppose we all fight our own corner.

What makes it difficult is when it is not obvious how to legally go about doing something you really want to do that is illegal. But if you do do something illegal, then I think it's best to at least acknowledge it is illegal.
 

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Non Resident SOTW Eccentric & 2012 Forum Contribut
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I feel that the world would be a little better place if people felt a responsibility to pay for stuff they get. There is nothing for free ..... It just depends on who pays (or doesnt get paid)
 

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I paid for my copy of the Omnibook years ago. I also paid for all these tunes on CD. Should I feel guilty for downloading this? After all, it is rather convenient!
 
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