Disklavier

If it was written as early as 24 it is indeed public domain. Anything 75
years old is.

While I agree with our copyright watchdog in many ways --- there is a
lot of evidence that, at least with respect to software, piracy is a
major means of promotion. As a songwriter, I am always glad to hear my
songs, even when unauthorized. It's one of the major routes for
promotion for me.

And I have also heard major developers of software (Kai Kruse, at
MacWorld, who developed Painter, Bryce, Kai's Power Tools, etc.) say,
"If you are an individual, please steal my software..."

When people ask if they can copy software from my studio, I always say,
"If you are willing to steal."

There is a moral and a legal issue here. I suppose in the end it should
be up to the artist. But I think we all need to realize that the
internet is changing some of the issues and not assume that it is always
all bad to "steal."

Personally, I have no problem "stealing" on a temporary basis. If I find
that the product is something I want to keep, I pay. I used Finale for a
couple of months before writing a check to Coda, for instance. I would
not copy any artists work without paying, either. I think ASCAP and BMI
will have to address this issue just as they do with the airwaves, the
cabarets licensing, etc. I think the availability of "free" work on the
web creates a dilemma -- if record stores left CDs in open boxes on the
street all night, would you blame anyone but the record store if they
were gone in the morning? Not exactly the same, but to secure the boxes
of CDs (or easy grab internet files) you have to have some watchdog in
place. One may depend on the kindness of strangers -- but people who do,
like Blanche DuBois, are generally on a fast track to the nut house.

Also, you should check if something is public domain before writing this
kind of moral, high-tone email. The poor guy who originally posted has
to sit there reading it thinking that everyone on the list now perceives
him as a thief and a jerk.

Do understand, I'm not trying to take a position here. I'm just saying
there's a possibility that the issues are more complex.

Thanks

Harry

Todd Muncy wrote:

>  FYI  Rhapsody in Blue was first performed in 1923 or 1924.Spell that
> P-U-B-L-I-C D-O-M-A-I-N.If I'm wrong about this, please tell me which
> graveyard to send George's royalty check to.  I'll give him 100% of
> the gross revenue every member of the group has garnered from this
> activity.
>
>      -----Original Message-----
>      From: Christopher B. McNeil, Administrative Hearing Examiner
>      <cmcneil@...>
>      To: disklavier@egroups.com <disklavier@egroups.com>
>      Cc: cmcneil@...; <cmcneil@...;>;
>      abuse@egroups.com; <abuse@egroups.com;>; dug@...
>      <dug@...>
>      Date: Wednesday, January 12, 2000 10:08 PM
>      Subject: [disklavier] Re: DUG Censorship
>       Before accepting this generous offer, it might be a good
>      idea to consider whether Gershwin's estate will receive the
>      royalty it's due. I may be mistaken; perhaps Rhapsody in
>      Blue is now in the public domain, but if it is, it would
>      have to have been put there by the owners of the copyright,
>      and as near as I can tell, that hasn't happened yet.  ASCAP
>      has registered the work and as near as I can tell owns the
>      rights to its distribution, even if old dead George didn't
>      perform the piece himself.  My concern is that by offering
>      to distribute what you call a good rendition of the piece,
>      notwithstanding Gary Lloyd's good intentions, you're doing
>      three things: you're behaving in a way that casts a real
>      cloud on your respect for the artist and the creator of
>      artistic pieces like Rhapsody; you're setting a poor example
>      to those who would support the arts; and you're violating
>      the United States Code sections that control copyright.
>
>      Recall that Todd's site benefits from our visits; that the
>      sponsors benefit when we click on the banners, and that the
>      allure of the site is the copyrighted work of people like
>      Gershwin.  E-Groups.com prohibits our engaging in conduct
>      that violates the rights of third parties, including
>      copyright infringement or using the Service for what
>      E-groups refers to as acts of intellectual property
>      infringement.  Todd knows this, and he's done us the service
>      of explaining how the Harry Fox Agency attempts to enforce
>      the rights of these copyright owners.  But enforcement isn't
>      what I'm talking about here; what I'm raising is the idea
>      that we can presume to copy the work of other artists,
>      people like Gershwin today, or Chick Corea in an earlier
>      post, all without recognizing that they created this work
>      and are entitled to be recognized (and compensated) for
>      their efforts.  Even if it's just to pay a seven and a half
>      cent tribute royalty, that's still something.
>
>      So I'd make this proposition, all in a roundabout way of
>      reacting to the message below.  Maybe the reason the
>      Disklavier Users Group shies away from this kind of group is
>      that what we're doing in the E-groups version is not the
>      best way of honoring our heros, the artists who bring joy to
>      our lives. We're a discrete band of thieves, nickle and
>      diming our way by a process of rationalization that leads us
>      to believe it's ok to steal someone's inspiration because
>      now there's the Internet. I'd encourage our loyal readers to
>      read the article available on the website for the National
>      Music Publishers Association, at this link
>      http://www.nmpa.org/nmpa/expression.html
>
>      I hope you'll understand: I'm not an artist, but I love
>      Corea's music as much as I love the work of Tom Waits,
>      Metallica, Derek and the Dominos, and Sarah McLachlan. And I
>      think these artists have a right to be compensated for their
>      work.  Good as it is, Gary Lloyd's work copying and posting
>      the scores of Gershwin infringes on that right and violates
>      the law, just as does our making copies of the MIDI files.
>      And it doesn't have to be this way.  According to the
>      article posted on the NMPA website, "Seeking permission to
>      use music is not difficult, burdensome or costly. NMPA will
>      be pleased to help Internet music users to contact the
>      copyright owners in order to establish a dialog that may
>      lead to licensed uses. The currently infringing sites can
>      eventually develop into sites which serve the interests of
>      all Americans --including those who need to earn a living
>      from their creative works now and those who hope to do so in
>      the future-- but only with the cooperation of those sites'
>      users." I urge Todd and all of the downloaders to consider
>      the ramifications of what they're doing.  And I'll urge
>      E-groups to do the same.
>
>      Chris McNeil
>
>
>      At 06:45 PM 1/12/2000 -0500, you wrote:
>
>     > Many of the messages I've sent to the DUG board recently
>     > never got posted.  I can only assume there is a moderating
>     > intermediary choosing what (and who) will and won't get
>     > posted.  I guess it's now more important than ever to have
>     > this alternate forum.  In case you wondered, all messages
>     > posted to this board, pass through immediately to all
>     > members without any screening process whatsoever.  Why are
>     > these guys so paranoid about their customers (you know,
>     > the guys that make payday possible) comparing notes
>     > freely?
>     >
>     > Anyone else have an opinion on this subject?  I would
>     > suggest others post messages of protest, but they would
>     > undoubtedly get censored and never appear.  If you're
>     > listening Yamaha, think long and hard about how petty this
>     > makes you look.
>     >
>     > For the record, the censored message was not threatening
>     > or raising hell in any way.  I was simply responding to
>     > JJWeb's DUG posting today, looking for a good rendition of
>     > Rhapsody in Blue that wouldn't set him back $35.  My
>     > recommendation was that he join the group and download
>     > Gary Lloyd's excellent arrangement of it from our vault.
>     > Is that a problem Yamaha?   It's OK with Gary.  That says
>     > it all.
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>      Christopher B. McNeilState of Ohio, Administrative Hearing
>      ExaminerP.O. Box 595Worthington, OH
>      43085-0595740.549.5400fax: 614.888.2687email:
>      cmcneil@...
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