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A Sad Day for All


MIDI file created by Gary R


You come home from work, exhausted. You head for the computer so you can relax with some music. You click on the link to "Big John's MIDI Tractor".

You wait and wait. Finally the page loads. But you are not expecting what you get.
 

"404 Page Not Found"


You hit reload......same thing.

You try another favorite.

Again you wait while the page loads.

Again... "404 Page Not Found!"

"OK," you say to yourself, you will go to a site that uses background music. Anything to hear some of the lovely music the web has to offer.

You click on "Melody's Garden". She has such lovely old songs.
 

"404 Page Not Found"


"Uh Oh!," you think. "I wonder if I have lost my connection to the net?"

Even though you hate to think about work, you click on your company's page. Again, you wait for the page to load.

There it is..... "Acme Furniture"
 

You ask yourself, "What is going on?"

? ? ? ? ? ?

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A number of MIDI, lyric and personal web sites
have been closed down by the authorities.

One great lyrics site, in Europe, with over 100,000 lyrics
had their computers confiscated by the police.

One of the largest US MIDI sites was slapped
with a multi million dollar lawsuit with no warning.

In 2000 there were 24 lawsuits filed by just one man.
The result, 24 less music websites on the web.
That may not seem like a lot, but it is just the beginning.
Hundreds more have closed, out of fear they will be next.

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That is a crime

The lawsuits were filed because of copyright infringement.
These sites were allowing you to hear and/or download music,
for free, that was written after 1922.

That is a crime

The webmasters were not making any profit on their sites but, they were also, not paying royalties and fees.

When you put music on the internet, that is considered a "presentation". It is the same as if you were singing in a concert setting or at the local bar; you must pay royalties and yearly fees.

It does not matter that you are doing this for free. The royalties must be paid. The royalty is only 7¢, BUT that is every time someone listens to or downloads a song.
 

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On a site with only 300 MIDIs,
and 100 visits per page, per day
that would cost would be in excess of,
$777,000.00 a year.
That is over half a MILLION dollars.

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Sonny Bono - Copyright Term Extension Act

To add insult to injury, in 1998 the United States Congress added another 20 years to the time that some songs will remain under copyright protection.
 

Sonny Bono
Copyright Term Extension Act


Extends the duration of copyrights...
*"to 95 (currently, 75) years from the year of the first publication, or 120 (currently, 100) years from the year of creation, whichever
expires first".
*from the congressional record

Rep Mary Bono (Mrs. Sonny), in thanking the senate for passing the bill, stated that she had tried to get the extension to last for "forever minus one day." (The Constitution does not allow for the term "forever" to be used.)

The reason for this was to protect the income of the descendants of the composer. She failed to mention that most songs are owned by businesses not the composer.

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What does this mean to you, the Internet viewer?

Example:
"Boot Scootin' Boogie"
will NOT legally,
be on the net till 2083.

"My Heart Will Go On"
"Wind Beneath My Wings"
even longer.

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In addition to the above, congress also passed a law that protects servers, people that are making money from these pages.

The little guy, who is making the free web pages is liable. The server can remove your offending site, within 10 days after being notified that there is copyright infringement, and they are safe.

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How about one more injustice!
 

The National Restaurant Association managed to get small businesses exempt from the law. They are using music to help them make money, but we, on the internet, who make nothing, must pay.

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We are not against copyright laws, we believe the composer/lyricist should get paid for their talents. However, there are people who are making money from this music, those are the people who should pay.

The author of a personal web page is just sharing his/her love of music. The Personal Web Page is invaluable to bringing the worlds people together.

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Music is a unique entity

Music is a unique entity.
It becomes part of our emotional being.

Have you ever heard a song that was popular 10 years ago,
and were taken back to the place that you heard the song.

You can smell the scents, that surrounded you,
feel the emotions you were feeling then,
and, again, see the person you were with.

Can you feel your Mother holding you as you were
crying and hear her singing,
"It Only Hurts for a Little While"

Did your Daddy sing to you,
"You are My Sunshine"?


Have you ever said,
"That was our song?"



Obviously it is NOT your song.
It belongs to the copyright holder for
75 95 to 100 120 years

The Constitution states in Article I Section 8 Clause 8: To promote the Progress of Science and
useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries;

In a lot of cases, the person who did
the actual work of the composing is
DEAD
How can you promote anything to a dead person.

The people involved in the music industry
do all they can to make
their songs part of our lives
then say,
"Sorry, but you must pay me if
you want to use this music."
 

These are the same people who wanted the
Girl Scouts
to pay every time they sang
"Happy Birthday"
at girl scout meetings.

Is
"God Bless America"
OUR song?


Irving Berlin - Copyright 1938
Now owned by Williamson Publishing
 

What can you do to make the
memories come rushing back?

The law is the law,
but laws can be changed.

[CAPITOL BUILDING]

This is not a new issue.
 
The copyright law has been around since the inception of the U.S. Constitution. It has not been a big issue because you are allowed to sing and play music for your friends. However, if you want to share that music on a webpage, it is a problem.

A web page is considered a "presentation", and presentations are liable for fees and royalties due the Music Industry, even if there is no profit being made.

They are finding sites and threatening them with lawsuits. Sites are closing down and the world will be left with a silent web.


Who is being hurt by having music on the web?
Not the people who enjoy personal web sites
that have the beautiful music.

Are the composers and singers losing money?
NO
If the exorbitant fees are charged
to a webmaster, the music will just come off,
and the web will be silent.

It could be that the composers will be the real winners
Where else can you get this kind of free advertising?



There has to be a happy medium somewhere.
What is the solution?


 

The law can be changed adding the
Personal Web Page
to the "Fair Use" section of the
United States Copyright Law.

With the United States Congress leading the way and pressure being brought in other countries, hopefully those laws will change.

That would give the composer, arranger, and writer the fruits due his labor, from those that want to make money from using a song, and still allow the public to listen to, sing, and pass on the songs, that have touched our lives, without someone reaching into our wallets.


As a world wide community, the Internet offers us a unique opportunity to be heard. The issues that affect us today can be directly brought to our lawmakers without even the cost of a stamp.
 


 

I have always thought that the little guy had no chance with Washington and the lobbies. But! what if we started thinking differently and considered ourselves the largest lobby in the world.

Together, we should be able to be heard.

"When you think something’s going wrong,
you can get involved and make it a little better."
-Senator Bob Smith


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Join the Music Relief Association
Please take a minute to join the Music Relief Association. You will be signing up for a periodic newsletter that tells what we are, or are not accomplishing. You can either choose to have the letter come to your email box, or you can go to the egroups site and read the latest letter.

Your membership will be proof to Washington D.C. that there is a problem and that the people care.


Sign up now!
 

More importantly, be part of the fight
to release the bondage that now holds Internet Music.
 

To learn more, Click here

Please share this page with everyone
who enjoys surfing the net
You can use this letter form.

Please change the address and copy this
URL into the body portion of the letter.

E MAIL

 

You may send questions or suggestions to:
David M. McLean
MRA Director

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Free The Midis

This is a living site that will change and grow constantly.
Be sure to save and come back often.
 

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This site is protected by the "Fair Use"
section of the Copyright Law.
ie: Educational

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© 2003 Music Relief Association, All Rights Reserved