EXS 24 Logic Sampler Users Group

>> By publishing his stuff he relinquishes some of the control he has
>> over it. Very much like a composer who publishes the score of his
>> work. He may no longer prohibit public performance of it though he
>> is entitled to a fee for each and every performance. But prohibiting
>> it is no longer possible after publishing the score.
>
>Just to play devil's advocate here in our exploration of analogy to
>the current YT issue:
>
>How come then it is okay to buy said sheet music, gather friends
>around the piano in your house, and play it for them; all without fees
>to the composer (other than those originally paid for the sheet music)?

This is - at least in germany - allowed. It is covered under private
use.

However if you meet with some friends in a bar and there happens to
be a piano and you sit down and play that piece then the bar owner is
responsible that there is money paid for this _public_ performance.
Wether you are doing it for your own entertainment or are getting
money for it.

>By publishing the sheet music, the composer relinquishes control over
>how that sheet music is used.

Not completely.

Among other things the following is not allowed without consent from
either the composer or the publisher (depending on what you do):
- reuse that music in your own work, regardless of you paying a fee
  for it or not.
- rearrange that music in any way (e.g. for choir or a different
  set of instruments).
- publish a MIDI file from it.
- create a new sheet music with different layout.
- create a handwritten copy of the sheet music.

It is effectively easier to state what is allowed:
Perform the music as written down on the published sheet music and
pay a fee when this is not done in private.

>One might be inclined to point out that it is because it is not a
>public performance. Actually it's not entirely private either though
>if you have a bunch of friends over listening. 

In germany this woudl be considered a private performance.

>I suggest that the YT issue is similar to the "bunch of friend's
>gathering around the piano interpreting and making use of legitimately
>aquired sheet music" metaphor.

I still think considering samples as software and treating them like
that is more appropriate.

Best,
Michael
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