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#25178 06/03/09 04:10 AM
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MrMikey Offline OP
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Sorry I've been away a while but now I'm back.
I'm all settled in my new home and my studio setup is up and running again.
I have made a couple of new tracks using BIAB 2009 which I am extemely proud of and recorded them, but due to copyrights I can't post them as they are not original, sorry. I will try and get into writing more though. I have a few lyrics written down to work with


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Mr Mikey
MrMikey #25179 06/03/09 06:32 AM
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Coveres are posted here all the time, including some by UK users. How does copyright preclude sharing your version of a song, as long as it is not for profit nor claimed as your own? Is British copyright law that different from American?

Short version: I wanna hear your stuff!

R.

P.S.: Welcome back!


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Ryszard #25180 06/03/09 06:55 AM
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Quote:

Coveres are posted here all the time, including some by UK users. How does copyright preclude sharing your version of a song, as long as it is not for profit nor claimed as your own? Is British copyright law that different from American?




Richard,

I believe that it is illegal to post a cover song on the internet, without permission. I've done a lot of research on this in the past that caused me to not post cover songs. Once the song is posted on the web for our friend's enjoyment, it is there for all the world to see.

I can't cite all my sources at this time, but here is a Yahoo answer, you might consider.


http://answers.yahoo.com/question/index?qid=20081226001912AAgZERN

Don S.

Last edited by Curmudgeon; 06/03/09 06:56 AM.
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Rys,
They are correct. On the other hand, I've had copywritten songs on my website for a long time, and no one has ever said anything to me about it. There are a lot of midi and audio files out there on the web, and the enforcement of it would be a massive undertaking.

Now, someone like Gary Wachtel, GaryW0001, who was selling memberships to his site for just MIDI files, was shut down, because he wasn't paying copyrights. He's back up, and he is paying the rights, and if you want his music, you have to join his site, and pay for it.. But, he's the only person I've ever heard of people enforcing for 'amateur' musicians.

Gary


I'm blessed watching God do what He does best. I've had a few rough years, and I'm still not back to where I want to be, but I'm on the way and things are looking far better now than what they were!
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results of my research


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In my previous reply to Mr. Mikey I failed to welcome him back. Welcome back Mikey.

Don S.

Ryszard #25184 06/03/09 05:39 PM
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Quote:

Coveres are posted here all the time, including some by UK users. How does copyright preclude sharing your version of a song, as long as it is not for profit nor claimed as your own?




Because the profit has nothing to do with it. Don't fall for this old wive's tale.

Quote:

Is British copyright law that different from American?




Not really. International agreements on these kind of things bring them all into the same "focus" as it were.

But don't take my word for it, always get it from the source:

http://www.copyright.gov/

If you are serious about going into this bidness, bookmark that page and start studying it, the FAQ is pretty good, for one thing.


--Mac

Mac #25185 06/04/09 01:08 AM
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Thanks for the replies guys..

In short, I posted my first and only, 2 songs I've written on Kara-moon (Click my name for the link). for the copyright reasons hinted above, they do not allow covers without permission from the original creators (rightly so in my opinion).
I don't find writing my own stuff that easy but recording great covers I can do. With the last 2 songs I recorded I totally recreated the tracks in BIAB, then recorded and mixed in Cubase. both are country songs and , to be honest, I would love to get an opinion on them. I guess I need to be cracking on with my own stuff.... Watch this space lol


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Mac #25186 06/04/09 05:43 AM
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It is true that "The safest course is always to get permission from the copyright owner before using copyrighted material." I think it would be a great exercise for someone here to actually do that and report on the process. (I do 99% original material, so don't look at me just yet.)

Rules or not, I likely wouldn't post a cover on a music-promotion site such as Karamoon or any other. But I wouldn't worry a lot about posting it on, say, box.net for auditioning by listeners here. I'm pretty sure that, in practice, Fair Use covers it. Cp. notes 1 and 4.

Just my unqualified, nonlegal opinion.

R.


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Quote:

. . . he's the only person I've ever heard of people enforcing for 'amateur' musicians.

Gary



These things run in waves, and when they happen, everyone knows it.

Back in the mid-90s someone decided that independent auto-repair shops should not be using the brand names of the cars they serviced. In other words, if they were not a Mazda or VW dealer, they could not use the name "Mazda" or "VW" in their business name, e.g., "Joe's Mazda Repair". Lawyers began trolling the Yellow Pages throughout the US and contacting repair shops one by one, threatening them with legal action if they did not comply. Think about it and you'll prolly recall a point when you stopped seeing brand names on independent repair shops' signs. (I know this directly from a shop owner in Atlanta.)

The same happened in the landmark case of Mick Jagger & Keith Richards v. The Verve for their wholesale lifting of a passage from a middle-period Stones album. I remember my son's playing me the cut, and my thinking, "How can they do that?" Answer: They couldn't. The Verve gave up the profits from that album to Messrs Jagger & Richards.

Up to that point artists had been 'quoting' freely. After the decision in the Stones' favor there was a flurry of lawsuits, some sizable settlements, and the practice largely stopped absent permission from copyright holders. Lawyers began auditioning recordings by popular artists and going after them if unauthorized quotes were discovered.

There was also the case of a site which was used as a repository for the lyrics of all known songs. A suit was brought and the FBI conducted a raid, confiscating the server--which was located in Switzerland. (I still wonder about the legality of that seizure.)

Yes, free MIDIs have largely disappeared from the Internet. But I don't see anyone going after the individuals who still post a few dozen on their personal sites--or after the amateur musos who post a link to a cover song in a forum like this. If it becomes a perceived threat by the fat cats that be, sure--and we'll all know when it happens. But until then, I'm not worrying about it.

R.


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Ryszard #25188 06/04/09 08:58 AM
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I think it would be a great exercise for someone here to actually do that and report on the process.




Richard,

A few years back I checked with Integrity Music and they wanted $20.00 per song, per year. Thus I went to my own stuff and Public domain.

Don S.

Last edited by Curmudgeon; 06/04/09 08:58 AM.
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Quote:

Richard,

A few years back I checked with Integrity Music and they wanted $20.00 per song, per year. Thus I went to my own stuff and Public domain.

Don S.



If you're making money off of it, that sounds pretty reasonable. If not, I guess it isn't. Thanks for the report.

R.


"My primary musical instrument is the personal computer."
Ryszard #25190 06/06/09 03:12 AM
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MrMikey Offline OP
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I personally don't make ANY money from my songs, neither do I intend to at this stage. I'm just happy to be able to record other peoples great work (as well as try my own). It's a shame we can't show of that work without it costing us a fortune tho. I certainly wouldn't mind paying an acceptable fee if I was going to use the music for financial gain of course.


Take Care And Be Happy

Mr Mikey
MrMikey #25191 06/07/09 10:45 AM
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Fill out the compulsory license agreement form and send to the copyright holder, keep records and send the royalty payments for all sold copies, all else is listed as promotion copies and royaltys are not due. Form is free. If you sell nothing, you pay nothing. Excellent source for understandable info on copyright besides the copyright office is "This Business of Music" Billboard Publishing.


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ounds to me like earl kirby does indeed have more than just a clue here...


--Mac

Mac #25193 06/08/09 12:16 PM
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The big point is that if you post cover songs, send the letter, then if you do not plan to sell them, just post them as listen only no download and then there is nothing to report, there are no downloads. I do this for all covers, i set them up as streaming only and originals as streaming and download.


the chances of being popped is nil that way.


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