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27

It is legal Because of the first sale doctrine a person may freely sell a copy that they legitimately own. Copyright preserves the owner's right to make copies - Copy-right; once they have made (or authorised) a copy then the physical embodiment of that copy (record, CD, DVD, book etc.) is personal property and can be bought and sold like any other piece of ...


16

No, the musical composition itself (i.e., what you might express tangibly in sheet music) has copyright distinct from the copyright that exists on Led Zepplin's recording of the song. Your new cover will still be a derivative work of the musical composition. When you record a cover of a copyrighted song, you must get permission from the composer (or current ...


10

I know that classical music is public domain, so no-one can claim that they own classical music. That's not quite right, at least not under US law. First off, "classical music" is a style, and music in that style is not automatically in the public domain. The rule for if music is in the public domain depends on when it was written, not what style it's in. ...


8

Most countries have compulsory or statutory licences for exactly these situations. You enter a licence agreement with a collecting society, pay them licencing fees, and give them a record of the music you perform. They in turn then distribute royalties to the rights holders. The exact details of which licence you'll need depends on your country, the types ...


6

After referring to Dale's fine answer, something about licenses and copying: You may have purchased an item with a license that allowed certain copies to be made. If you sell the item, the license now applies to the new owner. So unless the license says that you can keep copies even after a sale (which is unlikely with an item that is sold for profit), you ...


6

The question as worded implies that if something is a parody it is automatically fair use or allowed in US copyright law. This is a myth. First of all, in a copyright context, the term "parody" is somewhat limited. In that sense, a "parody" is a new work which comments on the original (often but not always by mocking or ridiculing the original). A mere ...


6

The midi is an artistic work and protected by copyright just as sheet music or an actual recording would be. It’s possible, even likely, that a midi file running free on the internet is itself an infringing copy. If so, any purported licence is worthless. The onus is on you to validate a clear licensing chain from you back to the copyright holder of both ...


6

As the question says the "Fugue in A Major" by Shostakovich is not in the public domain. The work was published in 1950, and so would not be PD under US law, and Shostakovich died in 1975, and so his works would not be PD in countries using a life+50, life+70, or longer term. Therefore, simply "making some changes" would be the creation of a derivative ...


5

As for the subject matter (what can be protected), amplitude, frequency, harmonic pattern, duration etc. are all physical facts, and there is no protection for physical facts. The basic requirement is that the thing protected must be "creative". Once you have a creative composition (assuming it is a composition, where infringement is harder to establish), ...


5

It’s tricky. I’ll talk about the general then the specific. In general, your notion of "didn't get permission" doesn't really reflect how the music industry works. Generally, a venue pays for a universal license to use recorded music. There are three major licensors: ASCAP, BMI and SESAC. If you get an ASCAP license, you can play any ASCAP ...


4

In the United States, when you distribute a recording of a nondramatic musical work, the law grants a compulsory mechanical license allowing anyone to cover the song provided certain formalities are observed, and royalties are paid to the original artist. See 17 U.S.C. sec. 115. If your song falls under this section, then all that is required for your ...


4

How do you know if the copyright claimant or owner of them material you are using is allowing their content on Youtube? You don't. ... does fair use automatically cover you for anything related to this? No Is it illegal to share the music experience of a legally purchased MP3 ... or to provide services that play songs ... but are not hosted by your ...


4

You can do whatever you want for your own personal use. When you then go to publish your derivative products, you run into issues. Just use it for your own enjoyment, and leave it at that. Performing in public, a song written by someone else, whether you copy their arrangement (i.e. play it note-for-note as they played it) or use your own arrangement, ...


4

In general, you cannot contract to do anything illegal. However, ... An argument could be made that permission has been granted to, for example, enter property and remove the item. If permission has been granted, entering property and taking an item is not a crime.


4

It is not "perfectly legal" to transcribe music for personal use. It is pretty likely that you can get away with it. The first thing to understand is that the act of transcribing is the creation of a derivative work (see the definitions part of Title 17). The core protection is section 106, which states that the owner of copyright has the exclusive right to ...


4

When you license your IP (like a song) you can specify the terms and conditions of its use by the licensee, including revenue shares from any derived work. However, if, as your comment suggests, you grant an "informal" license, and later decide that you want to "firm things up" with a license having different terms, that's a matter you would have to either ...


4

There are several possibilities The effects are not the same Minecraft has them under a different licence from the owner Minecraft is committing copyright violation And the most likely: they belong to Minecraft and someone has illegally uploaded them to the site


4

The laws wherever a copy is made or the work is published If the game is going to be distributed online then the laws of every country where this happens.


4

It depends on the terms of your contract with the musicians. Copyright in the performance belongs to the performer so you need to ensure the copyright is transferred or appropriately licensed to you. It is public domain. Copyright for US works published before 1978 is a maximum of 95 years from date of publication. Although written on Christmas Day 1896 it ...


3

It's legal as long as you follow these guidelines: They [The Cached Files] are created only for the purpose of viewing (In Your case listening) content The copies do not unreasonably prejudice the legitimate interests of the rights holders. The creation of the copies does not conflict with a normal exploitation of the works. Source: http://...


3

Very similar to how MySpace done it all those years back.... MySpace did it differently back then because they got sued for copyright violations for the music their users were uploading and streaming. https://www.google.com/search?q=myspace+lawsuit+music These days, you can upload music to MySpace, but they have licenses and agreements with music ...


3

Copyright expires 70 years after the original writer breaths his/her last breath, after that it becomes public domain. And all works published before 1923 are in the public domain in the US. This means that the inheritors of the rights cannot sue you for infringement because there is nothing to infringe. If the music is not in public domain you will need ...


3

I don't believe you could do that without infringing copyright. The Star Wars theme is a copyrighted piece of music, and creating a transcription of it would be considered a derivative work. Only the copyright holder can authorize such derivative works. Cost doesn't factor into it at all. https://en.wikipedia.org/wiki/Derivative_work


3

Copyright in musical works extends to the composition itself, not just to the sheet music (as you notice, there may not even be any sheet music). If the musical work is protected by copyright then publishing a transcription of that work would be a potential violation of the copyright, subject to exceptions such as fair-use and fair dealing. If the piece ...


3

That's copyright infringement, and is illegal under various copyright laws. To take down the content, you'll have to make a claim under the Digital Millennium Copyright Act. The online form for making a takedown notice to YouTube under the DMCA can be found here: https://support.google.com/youtube/answer/2807622?hl=en Remember, that by submitting a ...


3

As far as the CCLI license is concerned, it depends on the source. You can see the requirements in this link. The main points that you might not meet is that the sheet music must be used to assist congregational singing and must be from a source designated as such. If your sheet music meets those requirements, then the CCLI does allow you to: Create ...


3

The first thing that has to be done (in court, or via lawyer-to-lawyer communication) is that The Company has to prove that they own the copyright. If they accomplish that, you can defend yourself by providing proof of a license to download and redistribute. From what I can tell, you cannot directly prove that, since the rights-holder did not give you the ...


3

A performance of copyrighted written music is copyright infringement. One of the bundle of rights that comes with a copyright is the performance right. You can obtain a license to cover copyrighted written music, however, on a mandatory basis for a royalty amount set by law, rather than only with the permission of the copyright owner as is the case with ...


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