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Re: [disklavier] Uploads

Re: [disklavier] Uploads

2000-04-14 by Todd Muncy

Let's put this copyright issue to bed, once and for all.  I spent a little
time (expensive) with a lawyer and got some guidance for this group, that is
more than anecdotal.  Here we go:

DON'TS
Do not upload or otherwise share copies midi files that are sold
commercially.  These would be copyrighted performances, which are, and
should be, patently illegal to share. If you want it, buy it.

GRAY AREA
Public domain performances of copyrighted songs, made available for free on
open web sites is a gray area, yet to be resolved in court.  The Harry Fox
Agency (representing the composers of about 55% of copyrighted songs) has
been attacking these sites with scary letters from lawyers threatening
lawsuits for huge amounts of money.  Since virtually none of these sites
make any money, they aren't in a position to fight the legal battle and cave
in.  That is why the supply of this type of midi file has dried up
dramatically as a result.  Many of the good ones left are outside the US.

WHY WE ARE OK
The whole reason this group got started was because of the sudden lack of
web sites with popular music midi files.  Most of us have built up some
decent collections over the last few years, invested time in screening,
editing, balancing volume levels, etc.  A vehicle to share this material
amongst ourselves did, and still does, make a lot of sense.  There is a well
established exception to the copyright law, which entitles people to share
free private performances of copyrighted material with their friends.
Although there are no absolutes with lawyers and courts, my legal beagles
say that they see no problem with this group qualifying under this exception
since it is a small members-only club swapping public domain performances.
The song copyrights should not be an issue if we are not charging each other
for the files.  It is also unlikely that Harry Fox will ever stumble across
our site, because you need a member's password to get in.  Their notorious
web crawler programs can't get in to scan us.  Even if they did attack us
legally, the worst case possibility is that they would convince egroups to
shut us down.  In that event, I keep fresh email membership lists on my hard
drive, along with a mirror image of the vault.  I could set up another group
with a non-musical name (bagel-lovers@egroups.com), restock the vault, and
pre-enroll all current members in an hour or two.  With about 225 members,
we are large enough to stop soliciting members on DUG and elsewhere and
remain extremely low profile.

The current plan is business as usual, but stop drawing attention to
ourselves on DUG.  Any questions?

Todd Muncy
disklavier-owner@egroups.com
Check out my family web site.
It contains some fun disklavier stuff.
http://MuncyFamily.com
Show quoted textHide quoted text
----- Original Message -----
From: <jwelsh2141@...>
To: <disklavier@egroups.com>
Sent: Friday, April 14, 2000 8:14 AM
Subject: [disklavier] Uploads


> Hello all;
>
>     I have posted my rendition of Ebb Tide to the Popular piano folder.
>
>     However, after reading many of the older posts on this site, I find
there
> is some concern over copyright issues.  I Have no idea  if this song is
still
> under copyright.  If it is I guess it will have to be deleted.
>
>                         Thanx
>
>                         Jim
>
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