j08@nikhefh.nikhef.nl (Serge Wallagh) (10/26/90)
I've been collecting music songfiles, which can be played by a midi-interface on a keyboard. Those songfiles were all in the public domain. This raises a question: Am I allowed to sequence a song, and then distribute this sequence? Shouldn't I (or somebody else) be paying copyrights to the composers of the songs? So to summurize: what is the legal status of a songfile (=sequences song)? Serge Wallagh
mgresham@artsnet.UUCP (Mark Gresham) (10/30/90)
In article <1028@nikhefh.nikhef.nl> j08@nikhefh.nikhef.nl (Serge Wallagh) writes: >I've been collecting music songfiles, which can be played by a midi-interface >on a keyboard. >Those songfiles were all in the public domain. >This raises a question: >Am I allowed to sequence a song, and then distribute this sequence? >Shouldn't I (or somebody else) be paying copyrights to the composers of >the songs? > >So to summurize: what is the legal status of a songfile (=sequences song)? I can't speak for the wording of the copyright laws in the Netherlands, but YES, sequences (or any other kind of music producing program or file) are protected by copyright laws, and to produce a sequence of a protected work without permission is a violation of applicable copyright laws. The federal law in the U.S. specifically includes computer files an programs in its definitions of copyrightable works. The specific paragraph was added later, but is a part of the 1976 copyright law, section 101 (A [...] is an intentional omission on my part and a [...text...] is my condensation replacing a portion of the text.) ===== PUBLIC LAW 94-553 Oct. 19, 1976 94th Congress [...] TITLE 17--COPYRIGHTS [...] Chapter 1.--SUBJECT MATTER AND SCOPE OF COPYRIGHT [...] * 101. Definitions [...] A "computer program" is a set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result. * 102 Subject matter of copyright: In general (a) Copyright protection subsists, in accordance with this title, in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or device. [...] * 103 Subject matter of copyright: Compilations and derivative works (a) The subject matter of copyright as specified in section 102 includes compilations and derivative works, but protection for a work employing preexisting material in which copyright subsists does not extend to any part of the work in which such material has been used unlawfully. (b) The copyright in a compilation or derivative work extends only to the material contributed by the author of such work, as distinguished from the preexisting material employed in the work, and does not imply any exclusive right in the preexisting material. The copyright in such a work is independent of, and does not affect or enlarge the scope, duration, ownership, or subsistence of, any copyright protection in the preexisting material. * 104 Subject matter of copyright: National origin (a) Unpublished Works.--The works specified by sections 102 and 103, while unpublished, are subject to protection under this title without regard to the nationality or domicile of the author. (b) Published works.--The works specified [...conditions of protection listed: (1) one or more authors a citizen or domiclie of the U.S. or nation party to copyright treaty with the U.S., (2) work is first published in the U.S. or a Universal Copyright Convention nation, (3) work is published by the U.N. or O.A.S., and (4) work is protected by Presidential proclamation....] [...] Chapter 2.--COPYRIGHT OWNERSHIP AND TRANSFER [...] * 201. Ownership of copyright (a) Initial Ownership.--Copyright in a work protected under this title vests initially in the author or authors of the work. [...] * 202. Ownership of copyright as distinct from ownership of material object Ownership of copyright, or of any of the exclusive rights under a copyright, is distinct from ownership of any material object in which the work is embodied. Transfer of ownership of any material object, including the copy or phonorecord in which a work is first fixed, does not of itself convey any rights in the copyrighted work embodied in the object; [...] [...] ===== Cheers, --Mark ======================================== Mark Gresham ARTSNET Norcross, GA, USA E-mail: ...gatech!artsnet!mgresham or: artsnet!mgresham@gatech.edu ========================================