by Joyce Kohl
December 21, 1998
Your Website, an accessible publication on the Internet, is not only protected BY but is also subject TO copyright laws. A MIDI file is subject to at least two separate copyrights: The artist or the record company, and the sequencer or author who programmed the MIDI. MIDI authors do not necessarily have permission of either the record company or the artist to publish a song as a MIDI. This means that even if you find a sequencer on the Internet offering free MIDIs for which he/she has produced, it is still illegal for you to use them unless the sequencer has also licensed the copyrights from the original artist or recording company.
Copyrights are not only on MIDI files, but on graphics, logos, and trademarks. This article's focus is on MIDI legalities, but it should be mentioned that you do not have the legal right to use any graphic (unless you have either a license or written permission to do so and state it according to the owner's directions on your Website) such as characters from Disney, Winnie-the-Pooh, or The Simpsons.
Behind Each MIDI
Those who may hold copyrights to each MIDI:
• Composer. The composer creates an original piece of music
• Lyrics. Words which may be set to or accompany the music
• Publisher. A publisher to mass produce the composer's music and verse
• Recording Company. May also be the publisher, or may not
• Musician(s). Player(s) of the original music
• Sequencer(s)/Arranger(s). One or more musicians who record the music
• Performer(s). One or more singers who record the lyrics with the music
• Distributor. The label placed on the work - could also be the recording company
Royalties
Royalties from each recorded piece of music are shared between all the participants in the
original work. These would include the composer, the lyricist, and the publisher. The fee
which must be paid each time the recording is used varies so much that it is impossible to
quote exact figures. Common sense, though, would tell you how much money is associated
with popular songs in the top ten.
Copyright Law
The United States Copyright Law, 17 U.S.C. § 106 states:
The owner of a Copyrighted work has the exclusive rights to do and to authorize, any of the following:
reproduce the copyrighted work;
prepare derivative works based upon the copyrighted work;
distribute copies of the copyrighted work to the public;
perform the copyrighted work in public;
display the copyrighted work in public; and
perform a copyrighted sound work in public by means of a digital audio transmission.
Under the law, 17 U.S.C. § 501, anyone who violates any of these exclusive rights is an infringer and may be subject to a lawsuit and remedies in the form of injunctions, monetary damages, and impoundment and destruction of the infringing material made or used to violate the copyright owner's rights. In addition, the infringer may be liable for attorney's fee's and costs.
Further, certain acts of infringement may subject the infringer to criminal penalties.
For fully detailed information read AN INTELLECTUAL PROPERTY LAW PRIMER FOR MULTIMEDIA AND WEB DEVELOPERS
Public Domain
Copyright protections expire if it has been 75 years since the author has filed with the
Copyright Office OR if the copyright is 100 years old. The piece would then fall into the
public domain. If the copyright protection has expired and the author is presumed dead by
the copyright office, then anything copyrighted in 1921 or before 1996 is public domain.
Anything published before 1978: The copyright will expire 75 years from the date of publication IF the copyright was renewed.
Anything created, but not published before 1978: The copyright will expire on December 31, 2002.
From 1978 to the present - Copyrights owned by individuals: Copyrights last for the life of the author PLUS an additional 50 years after the author's death.
From 1978 to the present - Copyrights owned by employers of authors: Copyright will last 75 years from the date of publication OR 100 years from the date of creation, whichever occurs first.
Other Legalities
This article is by no means meant to be official or even to be 100% accurate. However, the
fact that copyrights accompany the majority of MIDI files found on the Internet cannot be
questioned. Other legal issues which might arise from copyright infringements is up to YOU
to research. Most, if not all, MIDI music files also carry an International agreement of
copyrights.
Research Done
I spent many hours researching, email conversing with companies selling licensed MIDI
files, and even with one sequencer who mistakenly thought that the mere fact he was
releasing his own renditions of popular copyrighted works, he could distribute them freely
on the Internet to be used by Websites. He was also most adamant as to his rights because
he had been uploading his MIDI music files to BBS for a number of years.
He is innocently, and by his generosity of his musical talents, misleading countless Webmasters to use his arrangements on their Web pages.
I never did succeed in convincing him he was breaking the law. I found ONE out of his 100+ files to be within the public domain. Happy Birthday is in the public domain and may be freely distributed by any artist using the original composition.
Compositions in the Public Domain
So which original musical scores ARE in the public domain? Rudolph The Red Nosed Reindeer?
Absolutely NOT. It is my understanding that Gene Autry wrote the music and the lyrics and
the copyright is still held by his heirs. The original story was written by an employee of
Montgomery Wards and released in 1938 as part of an ad campaign for Christmas sales.
Nearly ALL the old original classics by composers such as Bach, Beethoven, Mozart, etc., are in the public domain. The present day sequencers who record the classics with their own musical talents own the copyrights to their arrangements. Unless you obtain a license and/or permission to use them, you cannot use them. No ifs, ands, or buts!
A Comparison Reality Check
What if you get a MIDI file from the new movie, "Titanic?" It's possible, and
entirely likely, the recorder did not pay for nor obtain a license to record any of the
songs. If you download and use it, you are using stolen material which carries with it all
legal fines and consequences.
Compare it to this: A thief steals your valuable pearl and diamond necklace from you. He then has a jeweler change the clasp, then change the placement of a few diamonds. Does the thief now own your necklace simply because he "arranged" it differently?
One Way to Know
Most known original traditional or classical music pieces may be okay to use, but if it's
a popular song written within the last fifty years, you can bet it is still under
copyright. One way you might be able to tell for sure is if you can find an old piece of
sheet music for it. If it's 75 years old, it may be in the public domain. Experts have
difficulty in being sure, so don't assume anything!
Legal Fines
Violations of MIDI, WAV, RA, etc., music files which you might provide for listening or
for downloading on your Website may carry a legal fine for EACH SINGLE VIOLATION of up to
$50,000 PLUS damages to the copyright owners. Unless you have obtained a
distribution/recording/broadcasting/performance license which allows you to offer music
files of copyright protected music, you should remove all questionable files from your
Website immediately.
One big MIDI file Website was forced to remove all their MIDI files after a visit by the "copyright police." Not only MIDI files are being policed, but ALL formats of music files are under inspection.
Conclusion
Websites do NOT have the right to use MIDIs on their Websites unless they have purchased
the rights and thereby are licensed for the privilege. Unless you wish to find yourself in
court for copyright infringements, it is YOUR responsibility to be 100% certain you are
within your legal rights when using any MIDI file on any Web page whether personal or
business.
Using copyrighted material on your Website, in collections, having them available on a BBS, and other unlicensed uses, can be an expensive lesson if you don't follow the copyright laws to the letter. The standard excuse I've personally heard from some Webmasters is: Everyone else does it! Well, all I can say is this: When the crackdown on illegal use of copyrighted material hits YOUR Website, you probably won't be able to afford to have an Internet connection or even a computer for a few years . . . the fines are heavy . . . depending on the degree to which you're found guilty of infringements on copyrights. The cost can be astronomical.
If, for instance one MIDI carries a $.50 royalty provision and your Website has 10,000 hits downloading the MIDI, then multiply 50 times 10,000 to find the sum due for royalties. Now multiply the same numbers again for EACH MIDI FILE DOWNLOADED FROM YOUR SITE!
Think of the millions of Internet surfers. What if you were liable for damages incurred by only a small percentage of users downloading MIDI files? What if the current license fee per song is $100,000? (I've heard it's three times that much!) On top of the owner's right to collect that huge amount, add the fine for stealing. Now multiple it all by the number of sound files your Website is offering for free.
Can you afford to have your entire life ruined by one song you just HAD to have for your Website? You had better become an informed Webmaster!
Copyright © 1998 by Joyce Kohl
"Go Inside" is a David Boles Trademark