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I have a wonderful MIDI of the Beatles "Revolution 9", from the 90's, sequenced by Eiko and Nobuo Takenaka. Yes, that's Revolution NINE, the weird one. The MIDI must be heard to be believed.

I have this idea of chord-analyzing it with BIAB and coming up with something of my own, using virtual instruments.

Then I thought, hmm, but you aren't supposed to post others' copyrighted material here.

Then I thought, but how could this thing of mine possibly be considered an infringement of the original? It's using instruments to represent mostly noise and random musical snatches, many of them backwards (speech is mostly omitted as this is "karaoke".)

On the one hand, I feel, sure, this is "Revolution 9", interpreted. I feel the same debt I'd feel were I to record a version of "While My Guitar Gently Weeps".

But on the other, I feel that level of "interpretation" is so abstract as to be outside anything codifiable in law.

So I wonder, not so much as a matter of posting etiquette but more generally: how would copyright / infringement work with stuff like that? Assuming the Beatles did copyright "Revolution 9", what did they copyright?

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The following is just my opinion:

In regard to "Revolution 9", my big question is "Why?"

I understand Stan Kenton copyrighted a song with 32 bars of rest followed by one eighth note, to demonstrate the problems with our copyright laws.

It's a shame people have forgotten the reason for copyright laws, to protect the songwriter's income from his/her work.

Instead, it has become a way to get money via lawsuit.

"Blurred Lines" did not take any money away from "Got To Give It Up". Nobody is going to not buy the Marvin Gaye song because of the Robin Thicke release.

And I'm at odds with the copyright lasting 75 years after the author had died.

If I could come up with a cure for cancer, the US patent would be good for no more than 20 years, and then anyone could use my exact formula to make the same medicine.

On the other hand, I could write a one-chord song with a 5 note repetitive melody, and it'll be protected for the rest of my life plus 75 years.

Does that make sense to you? It doesn't to me.

Personally, I think copyrights should be for 25 years with options to renew for another 25 by the original copyright holder. After 50 years, even the BiaB styles I have copyrighted should be in the public domain.

In addition, if the copying is not direct, and does not impact the sale of the original, or the income of the original copyright holder, there should be no infringement.

What do I mean by direct? The chord run to "Stairway To Heaven" have been around since the 1600s and are common to an uncountable number of songs. Zeppelin did not copy "Taurus" directly, the song is different, did not hurt the sales of "Taurus", and therefore IMO the lawsuit was just a money-grab, gold-digger lawsuit.

It deserved to be thrown out of court.

But what I think does not have anything to do with the law as it has been written.

Insights and incites by Notes


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Originally Posted By: Notes Norton
In regard to "Revolution 9", my big question is "Why?"


Just wondering about that type of material. Both abstractly and in terms of whether anyone might object to such a "derivative work" being unscrupulously presented here.

I think I have a somewhat clear notion of what one is doing when copyrighting something like the song "Yesterday". What there is to protect, how that could be violated. Likewise for something like a string quartet.

Less so for "Revolution 9", or similar sound collage, which is presumably not a "performance" of anything like a score.

Totally concretely: I imagine a band licensing the rights to perform the songs on the White Album, for money, on stage. Then they get to this one. Hmm!

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Someone once performed a piece where the musicians stared at a piano that played nothing .. they just gathered around it for a predetermined amount of time.
They also copyrighted it (as the concept performance piece it was).
Nothing musical to judge it by.
How do you explain that, or even figure out how it applies to copyright law?
So many artists have challenged this concept in so many ways, I don't try to speak with any knowledge or recommendations anymore on copyright.
IMHO yer on your own sometimes.


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Originally Posted By: rharv
Someone once performed a piece where the musicians stared at a piano that played nothing... they just gathered around it for a predetermined amount of time. They also copyrighted it (as the concept performance piece it was).


And I bet they were working from a formal score, right? That's how you explain it, and how you copyright it (if you're allowed to.)

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From memory, yes .. I think they were
Like I said, it has become too confusing for my simple mind


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I agree with Notes on this. I am amazed when some publishing entity, and not always the artists by the way, forces YouTube video take down, when YouTube pays the copyright owner, not the person who put the video up when it is monetized. Rick Beato is a good example, he had a few strikes over the years and the music he is playing is clearly being used to give an example for instruction purposes which is fair use, and Goggle/YouTube pays the money from any ads to the copyright holder(s). It make no sense. Especially for some of the older stuff, that nobody is buying now, and they are probably not making any money from anymore anyway. Beato has even spoken with original artists who in many cases are glad he is analyzing they music and that a new generation may get a chance to hear something they like and "discover" a new band, new being relative of course.

Anyway the laws are archaic and messed up and I would never get copyright advice from a forum. If you are going to record something for release in any medium and are concerned, I would speak to an expert.


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Originally Posted By: etcjoe
<...snip...>I would never get copyright advice from a forum. If you are going to record something for release in any medium and are concerned, I would speak to an expert.

This is the best advice anyone could give. And make sure the lawyer specializes in copyright law.

Notes ♫


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Take the MIDI and turn it upside down and release it as Revolution Six.

Or, write your own music.

I make an AMAZING seafood dish that I call Gumbolaya. It's a cross between gumbo and jambalaya. When I started developing that recipe, I did NOT start with Emeril Lagasse or Paul Prudhomme's recipe. I made my own. From scratch. Like my songs.


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I wasn't really looking for legal advice, just abstractly curious about this particular issue. People's feelings about copyright in general are pretty strong, I see, but it has never affected my own life. Sorry if this is a sensitive topic for some.

Anyway, I finished the project surprisingly quickly (by essentially doing nothing, a true "one click solution") and uploaded it for consideration elsewhere. I do write my own music sometimes, but I like doing things like this, too.

I still wonder what a band would have to do, licensing-wise, to perform a version of this onstage! There MUST be cover bands who do the whole White Album.

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Originally Posted By: Mark Hayes
There MUST be cover bands who do the whole White Album.


The venues where bands play cover music pay ASCAP. At least they are supposed to. We had one here get hit with a huge bill about 7-8 years ago and they had to sell their building to pay the fines and their lawyer to navigate the whole mess for them. Obviously they went under when they sold the building. They had also been under investigation for drugs being sold out of there so I'm sure this is was all tied together. I don't even know how much bars are supposed to pay to ASCAP but that place had been around for 15 years before this event and if they hadn't been paying recently it's not a big leap to assume that they never paid.

For "us" level people this is all moot. I mean Furry used one of my songs on his internet radio show. Should I be asking him for $0.000025 for using it?

The law firm I worked for (in IT, not law) was hit by RIAA because the network group had a private music server where we could rip our CDs, save our files and not have to carry CDs back and forth. The server had a password. Every user had a password on their own folder. I can't say if people shared their folder passwords, just that I did not. We also still have no idea how the RIAA even knew it was there!! But this was a LARGE law firm and the RIAA saw it as a chance to bag a big one, and they came down with a vengeance. They actually flew in to interview the 22 people who had access to that drive. (I got into a HUGE shouting match with Hilary Rosen, but that's another story.)

During my interview I asked if there was evidence of any file sharing. They would not confirm or deny. I then asked what I thought was the next obvious question, which was close to "The fact that you are here indicates that you have evidence of file sharing, because users accessing music they have paid for is not a violation of anything. To that end, if there was file sharing, you would then know if and how often my personal folder was accessed. So where's my royalty check? That folder contains songs I have written and hold a copyright on. DO you need the correct spelling of my name, because I don't think I can let you leave without paying me the royalties I have coming. Since there was, you know, file sharing going on."

Crickets.

I don't think anybody REALLY cares about this kind of thing other than that handful of bands who raised a stink. And yes, Metallica, I am looking at you. You do Revolution Number 9 if you want to. Do half of it and called it Revolution Number 4 and a Half. Yes, it makes for an interesting discussion of legality, but is there anybody in the forum who moves enough units to care about this? I bought Matt's CD and one other that I don't remember, and a handful of people bought my CD, but nobody here is really that major of a player, are they? With the miniscule amount paid or streaming plays. (Remember how great people thought stream services were over commercial radio at first? Before the numbers of BMI mechanicals vs stream service payments became widespread knowledge?" Now those same people hate streaming services.)


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