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How can you fully protect yourself from
a lawsuit over your MIDIs?
At this time, unless you
created the MIDI file with an
original composition of your own,
YOU CAN'T.
The next best solution is
KNOW YOUR SEQUENCER
The lawsuits that are being filed are saying that
you have the plaintiff's MIDIs on your site.
The best way to make sure that you do not, is to
know who sequenced every MIDI
that you are using and that you have their permission
to use it.
How do you find out who created the MIDI files that
you have?
An excellent tool for seeing copyright information is
VanBasco Karaoke Player. When you play a MIDI, click
on the karaoke button and you will see all the information
that is on the MIDI file. It works with all MIDI files.
It is a free download. To get VanBasco,
Click
Here
If you find lyrics in the text box, and don't want to
listen to the whole MIDI to get the copyright information,
pull the moving button close to the end. Then click
on pause when the lyrics are done. If there is no copyright
information, the MIDI file could have been made by anyone
and is not safe to use.
At
MIDI Papa's - MIDI Tools you will find Günter Nagler's
MIDI Tools to download. GNMIDI.ZIP.
is the one you want. This is a free download that will
open your MIDIs and tell you the "inside information".
However if you don't want to download any new programs
you can go to:
START - PROGRAMS - ACCESSORIES
- NOTEPAD
in your notepad click on FILE
- OPEN
where it says "Files of type:"
click on the little down arrow and choose
"All Files"
Find your MIDI and double click
on the MIDI.
What you will see in notepad, is the MIDI file. Carefully
look through it and see if you can find a name.
That still does NOT
solve the problem of a MIDI file, where the creator's
name has been taken off. If you have MIDI files
that have no copyright information on them, you can
check them against the list of files that we have compiled
from the plaintiff's site. These are the MIDI files
that Mr. Kern says he created and therefore owns.
Here is a list
of the ones to look out for. (as of 8/5/2000) And here
is a list
we found from the Library of Congress of the MIDIs he
has registered with the copyright office.
Thanks go to those who took the
time to compile these lists.
Just in case you get a summons, here are a few thoughts
we have tried to put together to help.
This page is not a complete list. But, hopefully
it is a start. click
here
When it comes to the actual song, not the MIDI file,
the solution to this problem lies with congress or the
courts.
Since you cannot "fix"
a "sound" in a MIDI, it would seem to be unlikely that
this law would apply, although copyright office has
done just that. it seems they have their own definition
of the word fix.
"A work is 'fixed' in a tangible
medium of expression when its embodiment in a copy
or phonorecord, by or under the authority of the
author, is sufficiently permanent or stable to permit
it to be perceived, reproduced, or otherwise communicated
for a period of more than transitory duration."
(17 U.S. Code 101)
U.S. Copyright Office
Library of Congress
Washington, DC 20559 |
They are now waiting for this to be tested in court,
at the expense of a person who probably cannot afford
to do this.
Again, these are the words from the Copyright Office.
"In a response to a similar inquiry,
the Office stated that such material objects embodying
MIDI files would appear to qualify as phonorecords
under section 10, but, ultimately, this would be
a question for a court to
determine." *
*taken from a letter
from the Copyright Office
to Senator Richard Shelby
on behalf of Master Sequencer: Frank W Schober |
"Our" bottom line is to make it possible to share music
on the internet.
In order to get to that bottom line, we need to get
the courts to understand that a MIDI is not a "fixed
recordable device" as stated in the copyright laws.
To include everything on a no profit web page, the songs,
the MIDI files, graphic and content, we are proposing
a law that adds the Personal Web Page to the "fair use"
section of the copyright law:
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That is going
to be the total solution to this problem.
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It is going to be an uphill fight,
with most of the music industry against us. That is
why we need your help. But, we feel that this battle
can be won. We need to mobilize a grass roots movement
to get the law changed.
In order to get a large enough group of people to make
a difference, we must go for the whole basket of apples.
We need, not only those people that would like to have
free MIDIs available on the net, but those who do not
realize that songs like "How Great Thou Art" which was
written in the 1700's, but translated some time after
1930, is under copyright protection.
Do you realize that "God Bless America" is not your
song? It does not belong to Irving Berlin, he is dead.
It belongs to Williamson Publishing Company.
Williamson, through Harry Fox Agency, is now searching
the web for songs they own! They have already contacted
three webmasters, that we personally know of, and threatened
them. Both sites have removed many songs from their
sites. Disney, through BMI is also searching and threatening.
I wonder how many there are that we don't know about.
We have been told, by someone else who says he is searching
and reporting to the music industry, that he has been
personally responsible for closing down over 200 sites.
Other webmasters, such as myself, have voluntary removed
many songs or taken down their site, entirely. |
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Since we have no money to line the
pockets of those in Washington, our strength will have
to be in numbers.
Our first task is to begin recruiting as much of the
internet community as we can. By this we mean Webmasters
and surfers. We need to be heard on the Internet.
As more ads, banners and buttons spread over the Internet,
more people will join our group and the more powerful
we become. Only when we get a large membership, can
we go on with serious actions. We are creating ripples
now. We need to create waves.
We need our banner and link on your page.
We need you to send webmasters to this site, so that
they can have the opportunity to join and add the MRA
banner to their websites. Then they can send to "everyone
on their mailing list." You have seen it in your email.
Let's do it here.
We need help getting in touch with our elected officials
in Washington, Servers, Internet Providers, Local and
National Magazines, Newspapers, Radio and TV stations.
Get them to take a look at our site and mention it in
their publications.
Addresses here
and here are some
sample letters
for you to get ideas from.
Netizens must join together
and fight for free music
on the web! |
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| Join the fight |
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Sign up for the
Active MRA Group
Add your name to our supporters.
Sign up for the
MRA Newsletter
Feel free to place a
button and link on your site.
Right click, save the banner to your hard drive.
Do not link to them, as I move them around!
Add the following code to your page.
<A HREF="http://free-the-midi.com">
<IMG SRC="name of banner you choose" BORDER=0> </A>
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| Free The Midis |
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This is a living site that will
change and grow constantly.
Be sure to save and come back often.
You may send questions or suggestions to:
David M. McLean
MRA
Director
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This site is protected by the "Fair
Use"
section of the Copyright Law.
ie: Educational |
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