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Topic: edited midi from copyrighted sheet music (Read 2867 times) previous topic - next topic

edited midi from copyrighted sheet music

If I purchase sheet music of an arrangement, am
I obliged to ask permission before encoding the
printed music into a midi format?

Note: In this case, the arranger doesn't offer a
midi version of their format.

If I do encode the music into a midi file, then
what rights do I have with the midi file?  Could
I, for instance, take the three separate parts I
purchased, encode them into an ensemble, then print
a score of the music afterwards?

Note:  The arranger/publisher doesn't offer a score
for sale.

Thanks.

Re: edited midi from copyrighted sheet music

Reply #1 –
.. and a related question too, if I may.
I want to take some public-domain MIDI files of long-dead composers, import the MIDI into Noteworthy, edit the score (fairly savagely) then print and sell the result.

I have spoken to one supplier of these MIDI files; he says that although the files are in the public domain they are also registered with the Performing Rights Society (PRS) who would have to licence (at a cost) his works.

Given that Handel's original works are now - I suppose - copyright-free, why should the PRS be involved?

Concise legal advice appreciated please.

Re: edited midi from copyrighted sheet music

Reply #2 –
You're in the wrong place to ask. We (users) are not copyright attorneys, and that's not NWC's business, either.

Free advice, and worth it: What did you want to do with that MIDI of sheet music? Just play around with it, for your own private purpose (learning music theory)? Sell it? Post it freely on the Internet? Likely answers would be yes, no, and probably not but maybe (only because the copyright holder may choose not to pursue piddling things). And as for that performance society, sounds funky to me. Are you sure you understood them correctly? There's a difference between something Handel originally wrote (or in revision a long time ago), and a modern arrangement. For copying purposes, there's a difference between a published score from a long time ago, and  an otherwise-identical modern reprint.

There is a lot of stuff derived from copyrighted materials (and hence, potentially infringing) floating visibly on the Internet. Not all have been shut down, even though they are easy to find. They seem to be private individuals who are exhibiting their own arrangement, and who are not attempting to make money from it (not even by carrying ads on their web site). It may be that the copyright holders have wisely decided that the publicity value exceeds either potential gain or potential lost royalties. That is for them to decide.

But the first message did bring up an important issue: In many cases, music copyright holders have not created a mechanism whereby an honest party, who is willing to pay reasonable royalties, can automatically purchase the license without the need to negotiate a special-purpose contract. On the other hand, in the USA, there is a "mechanical license" that can be automatically invoked (with payments) for playing certain kinds of pre-recorded music under certain circumstances.

Summary: You're in the wrong place to ask.

Re: edited midi from copyrighted sheet music

Reply #3 –
"In many cases, music copyright holders have not created a mechanism whereby an honest party, who is willing to pay reasonable royalties, can automatically purchase the license without the need to negotiate a special-purpose contract."

Spot on Ron.

Everyone who creates MIDI files of "in copyright" tunes and shares them on the web without permission is guilty of copyright breach.
If the music publishers had any sense they could issue "one off" licences for MIDI creation at an affordable rate - that way everyone is happy.
Perhaps they still live in the past.
There is a great opportunity to electronically publish music works in downloadable form capable of transposition to any key with an enormous saving in printing costs, paper and storage - but perhaps this where the publishers make their money.

Re: edited midi from copyrighted sheet music

Reply #4 –
This site doesn't even have any usful information!

Re: edited midi from copyrighted sheet music

Reply #5 –
See the first line of my reply (above).