[HANASHIR:4068] copyrights & midi

[Erik L. F. Contzius <contzius...>]

I did just a little cursorial homework. herre's what i found:

from:


http://www.ifni.com/midi/midicopyright.html

                        Ifni MIDI Music Copyright FAQ

          Copyright and music license laws apply to MIDI music just as they
          do to recordings and radio air-play. The following general
          information is based on my knowledge and understanding,
          however I am not a lawyer and make no claim as to its accuracy.
          If you plan on using music in any commercial enterprise please
          consult a lawyer experienced in the entertainment industry.

          How do I file?
          If you're a composer or performer in the US visit the official
federal copyright office for
          forms, instructions and general information about the copyright
process.

          What is a music copyright?
          Music copyrights can be broken down into two main categories: the
rights of the composer
          and the rights of the recording artist, or performer. Composers
earn royalties when a song is
          played; composers and performers both earn royalites when a
recording is sold. These rights
          are generally enforced by music publishers for the composer and
by record companies for
          the performer.

          Who controls Performer's rights?
          Some MIDI songs have the recording artist's name embedded in
them, but in many cases the
          performer is unknown. Almost all musicians who record MIDI songs
place their
          performance in the public domain or give it away free, subject
only to the condition that it
          not be sold.

          Who controls Composer's rights?
          The people who wrote the song. This information is almost always
included in commercial
          recordings, but is not usually found in MIDI songs. BMI and ASCAP
represent composers
          and collect license fees for playing music, whether on the radio,
in a jukebox or over the
          internet. Both companies maintain on-line databases with song
titles and composers' names.
          Music publishers represent composers to collect royalties when
recordings are sold.

          What rights does a Composer have?
          First and foremost composers must be paid when songs are played
or recordings are sold.
          Composers also control the use of their music in dramatic
performances. For example, if you
          wish to include a song in a movie or commercial you must first
request permission from the
          music publisher.

          Can I use MIDI music on my web site?
          Yes, if you have permission. In some cases, such as the
Songwriter Showcase, the composer
          directly grants permission to play a song without charge. You can
also negotiate a one-time
          fee with a songwriter for the rights to play a song. However most
songwriters have
          contracted with BMI or ASCAP to collect license fees for public
performances of their
          music.

          How much are the license fees?
          The minimum charge for playing music from the ASCAP repertory is
$250 per year. The
          minimum charge for playing music from the BMI repertory is $500
per year. If your site
          makes a substantial income from commercial advertisements or
membership fees then
          additional charges might apply. ASCAP, for example, charges
1.615% of revenues or $250
          whichever is greater. These amounts are for 1999 licenses and may
increase in the future.

          Do most web sites pay music license fees?
          Unfortunately for songwriters, the answer today is no.

          Why should I pay music license fees?
          Because songwriters deserve to be paid for their work. There
could also be substantial
          penalties for violating copyright law. The internet was ignored
for several years by music
          publishers and licensing agencies, however this is changing rapidly.

          Who should I pay?
          If you are only using one or two songs, verify which company
collects license fees. For
          example "Norwegian Wood" by Lennon-McCartney is in the BMI
catalog and "Axel F" by
          Harold Faltermeyer is in the ASCAP catalog. The Ifni MIDI Music
site includes songs from
          both catalogs and pays license fees to both BMI and ASCAP. Please
visit their web sites for
          specific information regarding internet licensing terms.

                                     Copyright ©1999 by Ifni
                                    Last update 1 October 1999

--------------------------------

from
http://www.midi.org/smfrept1.htm

MIDI Manufacturers Association

MIDI File Copyright & Licensing Report (January 1997)

Introduction

The MIDI File Copyright & Licensing Report explains current US copyright
law and how it applies to MIDI files, and describes the issues which music
rights-holders (publishers and artists) and SMF developers must address in
order to grow the US SMF market.

Authored by Brian Ward (MMA Special Counsel for Intellectual Property) the
report summarizes the phase-one efforts of the MMA's SMF Copyright &
Licensing Committee, which was formed to discover and report on current
market dynamics which restrict the sale of SMF disks in the US (compared to
other regions such as Europe and Japan). The report is important reading
for anyone involved in developing MIDI files for commercial distribution.

Document Contents

Executive Summary:

     Copyright
          Recognition and Protection
          Compulsory Licensing
     Licensing
          Publisher Issues

Background - Copyright Law:

     Categories of Works of Authorship
          Works of Authorship vs Mediums or Material Objects
          Works Must Be Fixed
          Musical Works, Sound Recordings, and Derivative Works
     Exclusive Rights in Copyrighted Works
     Rights of Musical Works Owners
          The Reproduction Right
               The Compulsory License
                    History
                    Limitations of the License
                    License Procedure
                    Effect on the License of the Digital Performance Right
in Sound Recordings Act
                    The Bottom Line
                    Royalties--Digital Transmissions
          The Distribution Right
          The Display Right
          The Performance Right
     Rights of Sound Recording Owners
          The Reproduction Right
          The Distribution Right
          The Performance Right
               Definitions
               Nonsubscription Transmissions Exempt
               Compulsory License for Subscription Transmissions
               Interactive Services Get No Breaks
               The Bottom Line

     Copyright Activities

          Importance of Recognition and Protection
          Our Activities
          The Importance of Classification as Sound Recordings

     Licensing Activities

          Objective
          Summary of Publishers' Fears and Concerns

     Other Information

          License Fees
               Lyrics:
               Print Music:
               Mechanical Licenses:
               Electrical Transcription License:
               Synchronization Licenses:
               Videogram Licenses:
               MIDI Licenses:
          Online Usage Licensing Issues



Ordering Information

The 25 page, spiral bound, MIDI File Copyright & Licensing Report can be
purchased directly from the MMA for $99.95, plus postage (listed below).

We accept VISA, MasterCard, International Money Orders or Bank Drafts drawn
and payable on US banks. We can not accept foreign currency or drafts which
are not negotiable on a US bank. If paying by credit card you must include
your card expiration date, residence phone number, and signature with your
order.

We ship all orders by US Air Mail. There is no charge for shipping in North
America. All other locations please add the following for shipping charges:
          Europe: US$4.00 per book
          Asia/Africa: US$5.00 per book
          Pacific Rim: US$6.00 per book
          All Others Outside of North America: US$3.00 per book

Send payment to:

     MMA, PO Box 3173, La Habra, CA 90632-3173

Credit card (MasterCard and Visa only) orders can also be faxed to (714)
736-9775.

erik l. f. contzius
contzius (at) home(dot)com
elkins park, pa
http://members.home.com/contzius/


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