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What is a midi?
First, to be technically correct, it is
MIDI file. MIDI stands
for Musical Instrument Data
Interface and is a data file, containing
instructions telling your computer or keyboard to
make sounds.
What is the difference between a
MIDI file and a song?
A song is a musical composition. A
MIDI file is a data file (not
music or a fixed recording) that allows that
song to be heard on your computer or keyboard.
A popular or cover song, is a song
written by someone else and usually is being played
on the radio or on TV music stations. There are
copyright holders for the music, lyrics and
arrangement that one must deal with.
Within the group, when we speak of an original
composition, we are talking about the composer
and his composition. We have a number of wonderful
composers here in the group.
Who or what is HFA Harry Fox
Agency (Sometimes referred to as Harry "the" Fox)
HFA is an organization that collects fees to pay
copyright holders for the use of their songs. They
have licenses for the mechanical rights, which is
separate from the performance rights. *see below
(Harry, himself has been dead for over 30 years)
Who or what is ASCAP -The Society
of Composers, Authors and Publishers
BMI - Broadcast Music Inc.
SESAC (Doesn't stand for anything)
These agencies license the right to perform
songs and musical works created and owned by
songwriters, composers, lyricists and music
publishers who are members of each particular
agency. and members of foreign performing rights
organizations who are represented by ASCAP in the
United States.
What is a mechanical license?
A mechanical license is a written
authorization from the publisher to manufacture and
distribute a record, CD or audio tape for a specific
copyrighted musical composition.
What is a performance license?
A performance license grants the right to
perform songs and musical works created and owned by
songwriters, composers, lyricists and music
publishers. Posting songs on the internet falls
within the definition of "performance."
What is a MIDI license?
MIDI licensing (for audio only purposes
without a visual content) is the same process as for
mechanical licensing. Please see mechanical
licensing instructions when requesting a license for
songs to be used in the MIDI format.
According to Vincent Castelluci and Josh Brown from
HFA in May 1999:
'Downloading' only applies when someone
intentionally saves a MIDI file to their hard drive
with the 'Save As' command. Merely 'playing' a file
is not considered 'downloading.' The files that are
placed in the cache directory when you 'play' a file
are temporary files and are not considered
'downloaded' files. However, they are considered a
"performance" so fees still apply.
What is a Commercial Site?
A commercial site would be one that has
the intention to make a profit by selling products
or services, charging fees for membership to use the
site, or includes tons of banners to earn
commissions.
What is a Personal "no profit"
Site?
A Personal "no profit" Web Site is a site
that follows the Fair Use guidelines. It's primary
purpose is to educate or entertain. Any money that
is earned from such a site cannot be more than what
it takes to cover out of pocket expenses in
maintaining the site. No salary may be claimed by
the webmaster/webmistress. It is strictly a hobby.
What is No Profit verses Non
Profit?
To be Non Profit, you must register with
the government. No profit means that you are not
making more money that what it costs to cover the
expenses of running your site. ie: ISP, server,
telephone or cable charges
But my site is a non profit site!
Doesn't' that fit in the "fair use section" of the
copyright law?
Not at the present time, unless you are
an educator or have a religious site. You could be
taken to court. Granted they would have to prove
that you do not fall into the fair use guidelines,
but our purpose is to make clear that all Personal
"non profit" Web Sites qualify as long as the site
follows the Fair Use guidelines.
More to come, this is just a
beginning.
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