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Originally Posted By: Notes Norton
I agree. Warner Brothers makes 2 million dollars per year on "Happy Birthday To You" - the melody is in public domain ("Good Morning To You") and the people who wrote the words are long dead.


January 1st, 2017 will be a black Sunday for Warner Brothers. In most of the world this song will be in the Public Domain, unfortunately not in the U.S. until 2030.

Last edited by GHinCH; 12/30/14 05:21 AM.

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You still don't get it! If you purchase a legal fake book or sheet music, you can enter it into BIAB and practice at home to your heart's content. There won't be any copyright police knocking at your door. Later, Ray


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Dude, you just did it again. I have never seen anything like this on this forum. I quoted exactly what you said yet you just now completely ignored it. What do you think these words mean?

Quote:
nobody has violated the forum rules by either POSTING links to sites that infringe copyright or requesting same.


Are you saying this wasn't you, you didn't write this, it was Casper the ghost or I just made it up or what?

And you're saying it's perfectly OK to blatantly post what is clearly against the forum rules as long as nobody in authority says anything about it? That's a great way to live your life in a civilized society. Just do anything you want and as long as the cops never catch you it's just fine. Great. Lovely way to live.

There's never enough time for cops or in this case forum admins to follow every single post on this large forum. Especially during the holidays. That's why they post the rules and we all agree to follow them using the honor system.

Bob


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Considering that everybody plays these melodies from a book, I see no difference in using it in a software. In fact most jazz musicians are making money by playing melodies that do not belong to them. So which is worse, practicing to a software that has the melody within it, or playing a gig and making money with other peoples songs/melodies? I personally think melodies should be an integral part of BIAB. Most people originally purchased band in a box in order to practice over chord changes that were based on songs.

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Originally Posted By: Dallon426
Considering that everybody plays these melodies from a book, I see no difference in using it in a software. In fact most jazz musicians are making money by playing melodies that do not belong to them. So which is worse, practicing to a software that has the melody within it, or playing a gig and making money with other peoples songs/melodies? I personally think melodies should be an integral part of BIAB. Most people originally purchased band in a box in order to practice over chord changes that were based on songs.


When musicians play in public, the venue (site that hires the musicians) is responsible for paying copyright royalties.


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And, you can get caught if you don't pay royalties. A friend was out in the middle of no where and he got caught.

As for the books, my feeling is that they are considered for instructional purposes. The intent is for you to learn and not make money off of whatever instruction book you purchased.

That being said there are a few sites that you can purchase music that you have the rights to play the music wherever you like. musicnotes is one. You pay about $5.00-$6.00 to purchase the song.

That being said, BIAB would be expensive if we paid for each song included in the software.

...Deb

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Originally Posted By: Jim Fogle
Originally Posted By: Dallon426
Considering that everybody plays these melodies from a book, I see no difference in using it in a software. In fact most jazz musicians are making money by playing melodies that do not belong to them. So which is worse, practicing to a software that has the melody within it, or playing a gig and making money with other peoples songs/melodies? I personally think melodies should be an integral part of BIAB. Most people originally purchased band in a box in order to practice over chord changes that were based on songs.


When musicians play in public, the venue (site that hires the musicians) is responsible for paying copyright royalties.


Yes but we know this is not always the case. Think of how many restaurant gigs people have played and house gigs etc. Do you really think all those folks are paying royalties? So when people get really preachy about copyright issues (especially with 50+ year old melodies) I tend to scoff. Also, I know for a fact that restaurants can fly under the radar for a long time without being approached and forced into having a music license and then paying royalties.

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Try being out in the woods and have the copyright/royalty police stop by! It does happen. Someone in the crowd must have said something.

Just because other people don't pay it doesn't make it right.

BTW, my church pays 2 different organizations for the right to play any music in the church. Of all places you would think the church was exempted. It isn't. But anyone coming in can play and will be covered.

...Deb

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Originally Posted By: Dallon426
Considering that everybody plays these melodies from a book, I see no difference in using it in a software. In fact most jazz musicians are making money by playing melodies that do not belong to them. So which is worse, practicing to a software that has the melody within it, or playing a gig and making money with other peoples songs/melodies? I personally think melodies should be an integral part of BIAB. Most people originally purchased band in a box in order to practice over chord changes that were based on songs.


The difference is copyright law. The last time I inquired, the copyright holders wanted up to $2.00 per song with a minimum payment for thousands of songs in advance. Many declined to grant permission at any price. They own the copyright, and the law gives them the right to make or deny any deals.

I disagree with a few laws, but that doesn't give me the legal right to disobey them, and if I get caught breaking the law, my disagreement won't save me.

You can argue what you think is right forever, but it won't change things.

You could run for office and change the laws, but the odds of that are low even if you manage to get elected. Money talks, and the publishers have a lot of money.

So enter the chords, or buy a fake disk, open the book, and practice away. When you get to the club, they are probably paying ASCAP dues, if not, you are responsible to pay the songwriters and publishers yourself (although this rarely happens and rarely enforced).

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Originally Posted By: DSM
Try being out in the woods and have the copyright/royalty police stop by! It does happen. Someone in the crowd must have said something.

Just because other people don't pay it doesn't make it right.

BTW, my church pays 2 different organizations for the right to play any music in the church. Of all places you would think the church was exempted. It isn't. But anyone coming in can play and will be covered.

...Deb


Well, Church should not be exempt of anything. It's a business. So IMO if every other venue/restaurant has to pay then a church should as well.

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Though I do agree about churches and paying for their venue as any other venue should. I wonder who is collecting on 12-15 century songs? Sure isn't the people who wrote them.

Yes, some of our songs are pretty old.

...Deb

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Do restaurants pay performance rights organizations (PRO) for rights to use music? Yes, most do, and if not they are at risk, and the risk seems to be growing. I've been casually playing standards at restaurant gigs for the past 10 years and it's my observation that over the last few years the PRO's have significantly stepped up enforcement.

One club owner in my neighborhood had a place for about 5 years but had no previous club experience. He simply didn't know. PRO's came at him for such a significant amount for back payment that this was his "last straw" and he shut the place down (it's a grueling business). His lawyer (once he found once competent in this field) told him to negotiate and settle as PRO's are backed by federal law with many decades of case history. Lawyer said if it came to trial the first thing they would do would be move it to a federal court in NYC.

I mentioned this to a friend who plays singles in Austin and he said he's seeing this same sort of thing there.

It's been the law for decades and probably neglected by PRO's but looks to me like they are now focusing on restaurants and clubs trying to replace revenues no longer available at the album/CD point of sales. It's generally not a significant expense if addressed up front and I understand they will negotiate reasonably if a club wants to get into compliance, but make no mistake they can and they will come down hard if resisted.

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Originally Posted By: DSM
... I wonder who is collecting on 12-15 century songs? ...Deb
The songs themselves are long in public domain. One problem is if you are performing them from a published hymnal. That brings its own copyright issue unless you purchased copies for everyone. Arrangers can copyright a published modern arrangement of an old song.


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We have a fleet of hymnals. No photocopies.

...Deb

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