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  1. #1
    'Grumpy old bastid' kb2vxa's Avatar
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    Copyright law involves publishing and/or using material for commercial, not private use. For that reason should what he published be used for financial gain and he not being in control of it he could be in a grey area. Still, like the man said it is highly unlikely, the material having gone PD a long time ago. Speaking of music copyright gone from the sublime to ridiculous is the song Happy Birthday. Yes it IS copyright so a hired clown singing it at a birthday party is subject to prosecution. Pretty ridiculous, isn't it?
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    Quote Originally Posted by kb2vxa View Post
    Copyright law involves publishing and/or using material for commercial, not private use. For that reason should what he published be used for financial gain and he not being in control of it he could be in a grey area. Still, like the man said it is highly unlikely, the material having gone PD a long time ago. Speaking of music copyright gone from the sublime to ridiculous is the song Happy Birthday. Yes it IS copyright so a hired clown singing it at a birthday party is subject to prosecution. Pretty ridiculous, isn't it?
    Hello.

    Happy Birthday is copyrighted.
    However this does not mean you can not print or sing the song, provided you do not profit in any way.
    http://www.snopes.com/music/songs/birthday.asp
    http://en.wikipedia.org/wiki/Happy_Birthday_to_You
    If you sing this on stage as a part of a school play you are fine, provided there are no limitations on admission and there is no revenue involved.
    If you sing this on stage at a rock concert, even if you are not a performer, everyone has a problem if copyright royalties are not paid.

  3. #3
    La Rata Del Desierto K7SGJ's Avatar
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    Quote Originally Posted by kb2vxa View Post
    Copyright law involves publishing and/or using material for commercial, not private use. For that reason should what he published be used for financial gain and he not being in control of it he could be in a grey area. Still, like the man said it is highly unlikely, the material having gone PD a long time ago. Speaking of music copyright gone from the sublime to ridiculous is the song Happy Birthday. Yes it IS copyright so a hired clown singing it at a birthday party is subject to prosecution. Pretty ridiculous, isn't it?
    Gretchen was prosecuted for singing Happy Birthday at a party. It ended in a hung jury. All men?

  4. #4
    Orca Whisperer kf0rt's Avatar
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    Quote Originally Posted by kb2vxa View Post
    Copyright law involves publishing and/or using material for commercial, not private use. For that reason should what he published be used for financial gain and he not being in control of it he could be in a grey area. Still, like the man said it is highly unlikely, the material having gone PD a long time ago. Speaking of music copyright gone from the sublime to ridiculous is the song Happy Birthday. Yes it IS copyright so a hired clown singing it at a birthday party is subject to prosecution. Pretty ridiculous, isn't it?
    It's a pretty hairy deal, and yes, ridiculous.

    I produce slide shows as a sideline -- these are actually digital conversions of film shows that are all 20-30+ years old. Very benign - High School reunion stuff. Original photos, but you can't really do a good slide show without music. Back in "the day" the music was all recorded from commercial LP's to tape and the tape drove the presentation. Nobody much cared and nobody was ever prosecuted for "stealing the music."

    My Dad wanted to convert 18(?) of these shows to digital... think I've done 15 of them at this point. Needs to be digital because well, it's just a bitch to do this with slide projectors and analog tape these days. The audio comes from MP3s these days and it's a drag-drop in software. The end result is a file that runs on a laptop feeding a digital projector. They're shown at the HS reunions and are very popular. Popular enough that it'd be easy to sell DVDs of the show to offset the cost of the equipment.

    Problem is, there's no way to license the music at this "low level." There's no way to go to ASCAP or BMI and say "I want access to everything and you can have 25% of any profits." It's not an option they offer. So, it becomes a hobby with no way to recoup costs, even though the soundtrack is secondary to the pictures (which we own). Dad charges the reunion committee $100 to present the show at a reunion. Sell DVDs, it becomes commercial.

    Realistically, this goes on all the time, but there's no way of knowing when you've crossed the line until it's too late. We'd pay, but nobody wants to write a contract for the paltry amount they'd make, and they're too chickenshit to establish a policy for fear that they might miss an opportunity to get rich. Lawyers are standing by and all that....

  5. #5
    Orca Whisperer n2ize's Avatar
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    Quote Originally Posted by kf0rt View Post
    It's a pretty hairy deal, and yes, ridiculous.

    I produce slide shows as a sideline -- these are actually digital conversions of film shows that are all 20-30+ years old. Very benign - High School reunion stuff. Original photos, but you can't really do a good slide show without music. Back in "the day" the music was all recorded from commercial LP's to tape and the tape drove the presentation. Nobody much cared and nobody was ever prosecuted for "stealing the music."

    My Dad wanted to convert 18(?) of these shows to digital... think I've done 15 of them at this point. Needs to be digital because well, it's just a bitch to do this with slide projectors and analog tape these days. The audio comes from MP3s these days and it's a drag-drop in software. The end result is a file that runs on a laptop feeding a digital projector. They're shown at the HS reunions and are very popular. Popular enough that it'd be easy to sell DVDs of the show to offset the cost of the equipment.

    Problem is, there's no way to license the music at this "low level." There's no way to go to ASCAP or BMI and say "I want access to everything and you can have 25% of any profits." It's not an option they offer. So, it becomes a hobby with no way to recoup costs, even though the soundtrack is secondary to the pictures (which we own). Dad charges the reunion committee $100 to present the show at a reunion. Sell DVDs, it becomes commercial.

    Realistically, this goes on all the time, but there's no way of knowing when you've crossed the line until it's too late. We'd pay, but nobody wants to write a contract for the paltry amount they'd make, and they're too chickenshit to establish a policy for fear that they might miss an opportunity to get rich. Lawyers are standing by and all that....
    Simple solution. Write your own music. Or, use one of the many pieces of royalty free music that are out there. If BMI and others consider their content so precious then let them lock it in a vault somewhere and keep it. Let those greedy bastards stew in their own self made utopia of greed.
    I keep my 2 feet on the ground, and my head in the twilight zone.

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