Are MIDIs Copyrighted?

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Hello..

I am not trying to stir up a hornets nest but I found this!

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MIDI Copyright FAQ

Copyright and music license laws apply to MIDI music just as they do to recordings and radio air-play. The following general information is based on my knowledge and understanding, however I am not a lawyer and make no claim as to its accuracy. If you plan on using music in any commercial enterprise please consult a lawyer experienced in the entertainment industry.

Commercial MIDI tracks

Commercial MIDI production firms do not allow their songs to be played over the internet, and will often sue web sites who post their sequences. Damages for using commercial MIDI music without permission can run as high as $100,000 per song, so get permission from the sequencer.

How do I file?

If you're a composer or performer in the US visit the official US Copyright Office for forms, instructions and general information about the copyright process.

What is a music copyright?

Music copyrights can be broken down into two main categories: the rights of the composer and the rights of the recording artist, or performer. Composers earn royalties when a song is played; composers and performers both earn royalites when a recording is sold. These rights are generally enforced by music publishers for the composer and by record companies for the performer.

Who controls Performer's rights?

Some MIDI songs have the sequencer's name embedded in them, and in other cases the performer is unknown. Many musicians who record MIDI songs provide free performance licenses, subject only to the condition that their music not be sold. MIDI DataBase has licenses and copyright assignment contracts for our music, but we cannot grant permission for others to copy or use these songs publicly.

Who controls Composers rights?

The people who wrote the song. This information is almost always included in commercial recordings, but is not usually found in MIDI songs. BMI and ASCAP represent composers and collect license fees for playing music, whether on the radio, in a jukebox or over the internet. Both companies maintain on-line databases with song titles and composers' names. Music publishers represent composers to collect royalties when recordings are sold.

What rights does a Composer have?

First and foremost composers must be paid when songs are played or recordings are sold. Composers also control the use of their music in dramatic performances. For example, if you wish to include a song in a movie or commercial you must first request permission from the music publisher.

Can I use MIDI music on my web site?

Yes, if you have permission. In some cases the composer directly grants permission to play a song without charge. You can also negotiate a one-time fee with a songwriter for the rights to play a song. However most songwriters have contracted with BMI or ASCAP to collect license fees for public performances of their music.

How much are the license fees?

The minimum charge for playing music from the ASCAP repertory is $250 per year. The minimum charge for playing music from the BMI repertory is also $250 per year. If your site makes a substantial income from commercial advertisements or membership fees then additional charges might apply. ASCAP, for example, charges 1.615% of revenues or $250 whichever is greater. These amounts are for 2000 licenses and may increase in the future.

Do most web sites pay music license fees?

Unfortunately for songwriters, the answer today is no.

Why should I pay music license fees?

Because songwriters deserve to be paid for their work. There could also be substantial penalties for violating copyright law. The internet was ignored for several years by music publishers and licensing agencies, however this is changing rapidly.

Who should I pay?

If you are only using one or two songs, verify which company collects license fees. For example "Norwegian Wood" by Lennon-McCartney is in the BMI catalog and "Axel F" by Harold Faltermeyer is in the ASCAP catalog. The MIDI DataBase site includes songs from both catalogs and pays license fees to both BMI and ASCAP. Please visit their web sites for specific information regarding internet licensing terms.