TIP: Click on subject to list as thread! ANSI
echo: midi-net
to: RICHARD JORDAN
from: JEFF EDMONSON
date: 1998-04-12 07:44:00
subject: new rules

 > JE> What's the deal with midi songs?  A cover is a cover is a cover, 
ght?
 > JE> If a band goes in a beer-joint and sings "Peaceful Easy Feeling", do
 > JE> they owe money to The Eagles?
 > JE> If a person sits down and performs a cover and/or converts a song into
 > Midi format, is it still theivery?
 > when a person plays a cover in a bar [or other venue] the bar owner
 > is responsible for making a royalty payment on behalf of the musicians
 > hired.
To ASCAP and/or BMI.  I understand this, and the payment is monthly, 
quarterly, annual, whatever... it's a flat rate that's paid, based on the 
number of seating available.
 > SO Someone is compensating the owner of the copyright of
 > the song in question.
 > Problem -
 > Who makes the royalty payements for songs performed on
 > the internet?
A Cover is a Cover is a Cover, right?  Does MUZAC pay royalties to George 
Strait for "I Cross My Heart", although he's not singing the song - it's an 
instrumental cover?
 > Most sites are not making payments -
 > There is no one making payments on their behalf
My question is, does there -need- to be?
 > There is a law [copyright] there are lots of lawyers
 > faced with possible prosecution many sites fold
(obvious Lawyer jokes withheld ;->)
 > Problem 2
 > how do you decide what fair compensation is,
 > especially when it comes to the internet.
Of -IF- it does, on MIDI'ed songs!
 > Problem 3
 > if you do not take steps to enforce copyright
 > the net result is loosing ownership of said item
Let's say you punch up the "Jumpin' Jukebox" on the Internet, and you've got 
a streaming Audio program, like RealAudio.  You're listening to some GOOD 
stuff, and you go to show it off to someone - it's gone.  Although that 
server was at a radio station, or somewhere similar where those ASCAP/BMI 
fees are already paid, what happens to the stuff on the 'net?
 > I think that is enough to give you my understanding of
 > the current state of the problem,
My purpose for being, Nancy, just goofing around one day, laid a couple of 
tracks of "Whiter Shade of Pale".  It's available at 
http://www.stic.net/users/rch/jeff&nan
The file is nancy.mid, and is available as a link.
Do we now owe ASCAP/BMI royalties on that song?
 > It is important to me as I run an internet site
 > and have obtained permission for all copyrighted
 > materials I am using [which is a pain]
 > I have a great deal more I could have,
 > but cannot obtain permission [under terms I can
 > afford]
Which prompted the previous question.
Thanks, Richard.  Some interesting thoughts and ideas crop up from this.
Regards,
-Jeff
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