From: owner-navy-soup-digest@smoe.org (navy-soup-digest) To: navy-soup-digest@smoe.org Subject: navy-soup-digest V5 #151 Reply-To: navy-soup@smoe.org Sender: owner-navy-soup-digest@smoe.org Errors-To: owner-navy-soup-digest@smoe.org Precedence: bulk navy-soup-digest Sunday, September 22 2002 Volume 05 : Number 151 In This Digest: ----------------- Re: Copyrights? ["Alex" ] Re: Copyrights? [Paul Schreiber ] ---------------------------------------------------------------------- Date: Sat, 21 Sep 2002 09:33:46 +0200 From: "Alex" Subject: Re: Copyrights? Hi Kristilyn ! I'm very very interested by your music sheet!! I would appreciate if you send them to me :) About a page with it, you should ask Heather (Sarah's manager) if you can putsheets on it. I did for my Sarah's website and she told me what I was allowed to put inside. She's a really nice person and so I think it will be ok. The important thing is to mention the copyright on it, and to ask to have a personnal use of it only. Alex - ----- Original Message ----- From: "Kristilyn Robertson" To: Sent: Friday, September 20, 2002 12:18 PM Subject: Copyrights? > Hey people! > > So I was thinking of making up my own Sarah page, complete with sheet > music, chords, etc. But, I was wondering if one is allowed to put chords up > on the internet? Is there some sort of copyright law, or do you have to put > a disclaimer or something on it?? So far I've written up all of Bank > Accounts (piano, vocals, horns, strings) and I would love to share! Please > get back to me, anyone! :) > > Kristilyn > > PS = I just have to add that last month I saw Sarah in concert here in > Edmonton. She was fabulous! And she's such a sweetie to meet! > > > ***** > hello to the ghost of the eighty eight > my favorite canadian mess > remembered the sound of the galaxy > and came here > expecting no less... > ***** > kroberts@connect.ab.ca > http://www.geocities.com/SunsetStrip/Cabaret/1279 ------------------------------ Date: Sat, 21 Sep 2002 13:15:26 -0700 From: Paul Schreiber Subject: Re: Copyrights? Kristilyn asked: > So I was thinking of making up my own Sarah page, complete with sheet > music, chords, etc. But, I was wondering if one is allowed to put > chords up > on the internet? Is there some sort of copyright law, or do you have > to put > a disclaimer or something on it?? So far I've written up all of Bank > Accounts (piano, vocals, horns, strings) and I would love to share! Okay, I am not a lawyer, and this is not legal advice, and not guaranteed to be accurate. With that said ... more than you wanted to know: There are several types of copyright that apply to music:  the copyright on the lyrics  the copyright on the music  the copyright on the recording of the music The first two usually belong to the songwriter, i.e. Sarah in this case. They're both covered under circle-C (C) copyright. If you want to *perform* this music yourself, you pay SOCAN (Society of Composers, Authors and Music Publishers of Canada) and they send Sarah a check. The copyright for the recording itself is referred to as the circle-P (P) copyright. This copyright is usually owned by the record company. The record company has ownership because the album is typically considered a "work for hire." In Sarah's case, Warner likely owns the copyright on the version of "Weight" recorded for "Night Bugs," but she herself likely owns the copyright on the version of "Weight" recorded for "Universe." Now on to you In your case you needn't be concerned with the circle-P copyright, since you aren't modifying a recording. And since you're not reproducing the lyrics, you don't need to worry about that, either. So what about the music? Well, this is where it gets confusing Sarah owns the copyright on the music. This means people can't reproduce it without permission, except as provided the exceptions. They include fair dealing, use in an examination in an educational institution, certain uses by libraries and museums, ephemeral recordings and so on. Fair use (called "fair dealing" in Canada) exceptions include (a) research or private study (b) criticism or review and (c) news reporting. What you're doing sounds a lot like (a) to me. So, I would guess that you are covered as exempt under Section III Part 29 of the Canada Copyright Act (RS 1985 C-42). US copyright law has a similar exemption. Lastly, if Sarah has sold or licensed the publishing rights to her music, then some nasty lawyers at Warner-Chappell (or whoever) might care, or pretend to. But I'm *really* fuzzy about what law(s) apply here. Aside #1: In Canada and the US, radio stations only have to pay the songwriter (via SOCAN/ASCAP/BMI) and not the performer. In Europe, you have to pay both the songwriter and the performer of a song. So Britney Spears doesn't make money off radio play, since she doesn't write her own songs, but Sarah does because she's a songwriter. Bars, shopping malls and other public places that play music also pay SOCAN a fee for the right to perform music. Aside #2: There are two legal theories that are relevant. One, that since you're not doing this for commercial gain, you're reasonably safe. Or at least less liable than you would be if you were doing it for commercial gain. Second  I believe OLGA (the Online Guitar Archive) promoted this theory  is that what you've created is not a reproduction of Sarah's work, but your interpretation of Sarah's work. I'm not sure what, if anything, the courts said about that. Aside #3: A disclaimer does not make you more or less guilty of infringement. Anything you see that says "you can keep this but must delete it after 24 hours" is hogwash. Paul shad 96c / uw cs 2001 / mac activist / fumbler / eda / headliner / navy-souper fan of / sophie b. / steve poltz / habs / bills / 49ers / "To disable the Internet to save EMI and Disney is the moral equivalent of burning down the library of Alexandria to ensure the livelihood of monastic scribes." --Jon Ippolito, of the Guggenheim, on the CBDTPA ------------------------------ End of navy-soup-digest V5 #151 *******************************