Podcast #128: We chat with Kent C Dodds about why he loves React and discuss what life was like in the dark days before Git. Listen now.

Hot answers tagged

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 ...


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

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

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. ...


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), ...


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 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

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

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 ...


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


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

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

Copyright is automatic - it starts to exist when you create a work of a type protected by law. Lyrics are such a work, and thus your lyrics are protected. Even the fact that the lyrics go with an existing (public domain) melody is protected. In addition, your recording is protected. However, the melody is probably not copyrighted, and does not become ...


3

Recording the original work and editing that record is a breach of copyright. You are taking unauthorised copies of the original music and lyrics when you make the notes, and creating derivative works when you alter the notes of the song to match what you think they should be. Performing the songs is a breach of copyright in countries that don't provide for ...


3

If the typography is a significant aspect of the overall art of a song title - wherever the song title may be reproduced, i.e. poster, CD cover, etc. - than I'd say that's part of the copyright of the artwork as a whole and not simply the title, and is under copyright. Further, individual type faces can be under copyright themselves. And band names can be ...


3

Beethoven's Piano Sonata is public domain There will be copyright in the performance but as you are specifically hiring the musician to perform the piece for you to record, you would own the copyright in that as a work for hire provided this is stated in the contract.


3

Multiple Copyrights Sound recordings (the term used in US copyright law is "Phonorecords" or sometimes "phonograms") of music potentially have two separate copyrights. The first is on the musical composition. The second is on the particular performance and the recording of it. (Note that a performance that is not in some way recorded has no performance ...


3

The opera may be in the public domain, but unless the performance is from several decades ago, which I assume is not the case, the performance is not in the public domain. The video therefore has copyright protection of its own. The use to which you want to put the video does not sound like fair use to me, although as the other answer notes that's ...


2

There's nothing about copyright that keeps you from referencing something else. Your statement DOES however begin to tread in the realm of deceptive advertising...depending on how you word it, giving the imoression that your recording was in the movie. (when it was not). For example, "Please download my version of the song "Doin' Allright," one of the ...


Only top voted, non community-wiki answers of a minimum length are eligible