Copyright Issue

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TheKingofNone Offline
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Copyright Issue

Posted: Thu Apr 02, 2015 12:24 pm



I'm writing a Drumline/pit warmup based in part by the song 'Figure it Out' by Royal Blood, the melody at least. I'm gonna write it regardless of the copyright laws, they can sue me all they want, but I wasn't sure if I could put it up on a site like this. It's a close enough rendition that you could recognize the melody in the pit part but not much else besides that. Soooo, what's up?
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Antaeus Offline
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Re:

Posted: Thu Apr 02, 2015 10:28 pm



Well, considering you are supposed to get arranging rights and putting it on this site could be seen as distribution of an arrangement of something without said arranging permissions, it might get you into trouble. Obviously you wouldn't be selling it for profit, but I would think it still wouldn't necessarily be "legal".

I'm sure Bill is going to chime in on this sooner or later.
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billc36 Offline
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Re: Copyright Issue

Posted: Fri Apr 03, 2015 12:42 pm



Not legal to arrange without permission, not legal to distribute, not legal to record in any form without permission.

All permissions need to be secured through the owner of the rights to the original song.

Pretty **** move to publicly state that you're going to do it regardless and they can sue you all they want. Takes just a fee minutes to research who owns the rights and seek permission.
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TheKingofNone Offline
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Re: Copyright Issue

Posted: Fri Apr 03, 2015 2:15 pm



Thanks for coming to my aid bill. Sorry I'm a (insert expletive here). How come the only time you ever post or seemingly come on the site is when there is some sort of potential copyright infringement to squash?
You cant just 'hit' a drum; you have to beat the s*** out of it. ~Eric Cartman

GSUS '15

I'm that guy who says he'll try out for drum corps next year and never does.
But I'm totally gonna try to march Alliance this summer.


FerreusOpus Offline
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Re: Copyright Issue

Posted: Fri Apr 03, 2015 2:18 pm



TheKingofNone wrote:Thanks for coming to my aid bill. Sorry I'm a (insert expletive here). How come the only time you ever post or seemingly come on the site is when there is some sort of potential copyright infringement to squash?
Because that's the exact reason he's a Mod here. Bill was brought on to the mod team to monitor copy right stuff, from what I recall.

EDIT: And to add, he IS a really frank person on here, but he is looking out for everyones best interest. Both ours AND the original copyright owners.
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hurt-a Offline
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Re: Copyright Issue

Posted: Fri Apr 03, 2015 2:55 pm



It may be illegal but if you arrange it by ear and keep it for yourself, nobody will know. This happens ALLLL the time in music school. People transcribe often as a learning tool.
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Spirit Snare 80 Offline
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Re: Copyright Issue

Posted: Fri Apr 03, 2015 7:37 pm



On the subject of copyright laws, I've often wondered about the guys like BYOS who play along with the tracks of
music that are copyrighted and then they publish it on their channels and such. Is this an infringement of the copyright
law or is this kind of performance exempt? Don't get me wrong, I love what they do, but is this legal?
Last edited by Spirit Snare 80 on Sat Apr 04, 2015 6:30 am, edited 1 time in total.
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TheKingofNone Offline
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Re: Copyright Issue

Posted: Fri Apr 03, 2015 7:42 pm



FerreusOpus wrote:
TheKingofNone wrote:Thanks for coming to my aid bill. Sorry I'm a (insert expletive here). How come the only time you ever post or seemingly come on the site is when there is some sort of potential copyright infringement to squash?
Because that's the exact reason he's a Mod here. Bill was brought on to the mod team to monitor copy right stuff, from what I recall.

EDIT: And to add, he IS a really frank person on here, but he is looking out for everyones best interest. Both ours AND the original copyright owners.
Ah, I didn't know that. I always kind of wondered about it but never really thought it through. I mean, I'm gonna write the part, but if it's any good I was going to share it. If it really is that big of a deal I just won't put it up.
You cant just 'hit' a drum; you have to beat the s*** out of it. ~Eric Cartman

GSUS '15

I'm that guy who says he'll try out for drum corps next year and never does.
But I'm totally gonna try to march Alliance this summer.


TheKingofNone Offline
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Re: Copyright Issue

Posted: Fri Apr 03, 2015 7:43 pm



Spirit Snare 80 wrote:On the subject of copyright laws, I've often wondered about the guys like BYOS who play along with the tracks of
music that is copyrighted and then they publish it on their channels and such. Is this an infringement of the copyright
law or is this kind of performance exempt? Don't get me wrong, I love that they do, but is this legal?
I've wondered this do, because they do profit off the videos.
You cant just 'hit' a drum; you have to beat the s*** out of it. ~Eric Cartman

GSUS '15

I'm that guy who says he'll try out for drum corps next year and never does.
But I'm totally gonna try to march Alliance this summer.


NGPercussion Offline
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Re: Copyright Issue

Posted: Sun Apr 05, 2015 12:20 am



http://www.nafme.org/my-classroom/copyright/
Penalties for Infringement

The remedies provided by the law to a copyright owner mean that a music educator found making illegal copies, or otherwise infringing, could face some very unpleasant consequences:

Statutory damages of from $750 to $30,000 in the simplest cases. If the court finds that the infringer “was not aware and had no reason to believe that his or her acts constituted an infringement” the minimum damages may be reduced. Also, the penalty can be remitted for teachers in public or nonprofit schools who had reasonable grounds for believing that the “fair use” portions of the law applied. But be aware that ignorance of the law is no excuse—teachers who wish to use this provision need to understand “fair use” and make the most of the privileges it grants, but they must also abide by its very definite limitations.
If a court decides that the act of infringement was willful, the damages can go up to $150,000 per copyright infringed.
If a court finds willful infringement for commercial advantage and private financial gain is proved, the infringer can face criminal fines of up to $250,000 or five years’ imprisonment, or both.
If someone wanted to, they could rip you apart for just arranging without permission and posting it. My college band director told me a story about how a community band played a piece by a contemporary composer (which they had borrowed from a colleague), and within a few days, the composer had contacted the ensemble asking for proof that they had purchased the piece. Not exactly the same situation as you, but these days, nothing on the Internet is private. You post it here, it could end up in the composer's or artist's inbox within a week and they could exercise their rights within the law.

With regards to BYOS:
Derivative Works that Require Permission

Arrangements
Simplified editions
Orchestrations
Instrumental accompaniments
Adaptations
Transcriptions
Translations of lyrics
http://www.nafme.org/my-classroom/copyr ... nscribing/

I would think they qualify as instrumental accompaniments, and therefore must comply with US copyright law. I don't know a ton about them, do they definitely profit off of those videos? I would bet that if they do, they have permission to arrange.
When can you perform music without worrying about copyright permission? Here are some teaching-related exemptions from what might otherwise be considered copyright infringement:

(1) Face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction. Playing recordings in class also falls under this category. However, this exemption does not apply to

Performances by actors, singers, or instrumentalists brought in from outside the school to put on a program.
Performances given for the recreation or entertainment of any part of an audience (regardless of cultural value or intellectual appeal).
Performances in profit-making institutions (for-profit dance or music studios).
Performances in an auditorium or stadium during a school assembly, graduation ceremony, class play, or sporting event, where the audience is not confined to the members of a particular class.
http://www.nafme.org/my-classroom/copyr ... xemptions/

Proof again, they need copyright.
Percussioning since 2003.


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