Discussion:
What is the name of your state? Vermont
I have a legal copy of a purchased book which is full of music written and copyrighted by another party...specifically a hymnal.
Is it legal, and does it fall within "fair use", for me to make a MIDI recording/sequence of the notes as I play them?
Is it legal, and does it fall within "fair use", for me to replay this recording during a Church service where there are multiple legally purchased copies of the same hymnal?
Erik T.
Answer:
Another question I forgot to ask. Can the copyright holder, by an instrument of explicit language, restrict me from creating and/or using this MIDI file in the described manner.
Also, please note that there is no commercial intent, and no tendered monies will be accepted in any manner.
Erik T.
Answer:
Fair Use gives you the right to make a 'backup copy' for yourself. It does not give you the right to make copies, either commercial or noncommercial, for others, for performance, (even if that 'performance' is in your living room) or for presentation to others.
in other words, if you want to make a copy to listen to in your car go ahead. If you want to make copies for friends, DON'T!
Answer:
Thank you for your quick response.
So a MIDI sequence is considered to be, substantially a copy of the notes on the page? I assume that the answer is yes...I am just asking to confirm.
If that does hold true, then how can a person legally record a performance in a choir concert to be played for others later?
Erik T.
Answer:
Because it depends on what pieces are being performed. In most instances choirs perform works that have long since lost copyright or religious pieces.
In effect, if they perform pieces that have valid copyright then yes, it is a technical violation to record such. However, you will most likely not be prosecuted unless you attempt to market the recording either professionally (accepting money) or not.
Answer:
Actually no sharing of the file was even considered.
My intent was to use MIDI to record the pieces, and then for me, personally, to have the keyboard or PC replay those pieces for the congregation during the services at the appropriate time. The only reason for this is that some times we do not have anyone to play the piano during the service, and I thought maybe this would be a way to "fill in" in those situations.
But basically I can see that it comes down to risk. Is it worth it for the publisher to sue me for doing this. It's a risk that I will not be taking...I do not need to be the person that they may choose to make an example of.
Erik T.
Answer:
I forgot to say that I really appreciate your quick and very helpful responses.
Erik T.