Midi Copyright Headlines - Latest News


This document is also available at:

THE PROFESSIONAL MIDIFILE EXCHANGE

.. from where it was originally copied.


We have received this notice about copyright infringement

Return-Path: <.,@compuserve.com>
Date: Thu, 26 Sep 1996 17:49:21 -0400 (EDT)
From: .@Arl-Mail-Svc-1.compuserve.com, <@compuserve.com@mbox.vol.it>
To: giboc@mbox.vol.it
Subject: Copyright Infringement

Sir, I notice that your site contains a considerable number of Standard MIDI files. As a
commercial MIDI file production company I have been asked by a number of copyright
protection bodies and music publishers to visit such sites to inform you that the material
you are offering is infringing the copyright of the principle copyright owner. I.e.., the
music publishers. They have requested me to inform you that all infringing material must
be removed within the next seven (7) days. If you fail to comply with their request I shall
notify them of your continuing offence and refusal to remove them. Failure to comply
with this request will result in legal proceedings being taken against you. For further
information and clarification of international copyright law it is suggested you contact
your local copyright protection society / music publisher directly. Thank you for your
attention. Dave Clackett CEO Hands On MIDI Software Limited - UK / Hands On MIDI
Software Incorporated - US.



We have sent an E.mail to many sites that offer the same service and these are the answer to us.

Thank you.



Jed Shlackman d009611c@dcfreenet.seflin.lib.fl.us (305) 248-1081 http://www.angelfire.com/pg1/achtung (The Ultimate MIDI Page)
Dear Gianni
To reply to Mr. Clackett, get the address from the second message
reprinted at my website in place of the removed files. The URL is
http://www.geocities.com/SunsetStrip/5026/copyrite.html

and this is the information in his URL http://www.geocities.com/SunsetStrip/5026/copyrite.html

Copyright Notice

In response to the letters reprinted below, I have decided to remove the majority of files from my server space, and willtemporarily maintain links for files that can be downloaded at other midi sites, pending a clarification of which files on my siteare violations. I will continue to maintain the links at my site for the multitude of midi sites on the Internet (unless I amprovided with the specific statute that indicates I could be held responsible for these other sites, not operated by myself), as Ido not feel I am responsible for content of what is on those sites. Additionally, since I have links to sites for commercial midiproducers, I feel that I am providing them with free publicity, considering the large number of visitors to this site. Hence, mysite is probably doing as much to help their business as, is claimed, to hinder their business. Without the comprehensivedirectory of midi links, not many people would find this site useful. In principle, I find the manner in which the music publishingindustry operates to be unrealistic and unfair. Music can be scored by any trained musician who listens to a particular piece,so why give exclusive property to publish a score to one entity? It would appear, from the present arrangement, that the onlyfolks in a position to profit from restricting privately produced, freely distributed midi files are the major publishing companieswho hold the legal rights to most popular music. Anyway, this is my 2 cents about the topic of midi copyrights, and Iappreciate any input on the situation.




Date: Thu, 26 Sep 1996 13:46:01 -0400 (EDT)
From: 76711@Arl-Mail-Svc-1.compuserve.com, 3405@compuserve.com
To: d009611c@dcfreenet.seflin.lib.fl.us
Subject: Copyright Infringement

Sir, As a professional MIDI file producer we have been requested (by the Music Publishers - EMI/Warner) to bring to yourattention that you are infringing the publisher principles in the MIDI files you are offereing from your site. You have 7 days toremove all copyright infringing material from your site within 7 days. Failure to comply will result in the relevant publisherscontacting their/your local representative (Harry Fox - US) to issue legal proceedings against you. If you require clarificationon this matter please e-mail me or Tel: (+44) 1705 783100. Dave Clackett CEO - Hands On MIDI Software Ltd UK


Date: 27 Sep 96 04:34:58 EDT
From: Dave Clackett <76711.3405@CompuServe.COM>
To: Jed Shlackman
Subject: Re: Copyright Infringement

Dear Jed,

Thank you for your prompt response. We are well aware of AOL's constant infringement and they have been notified of theseriousness of their actions (or rather in-action). FYI The Music Publishers are quite annoyed with so many sites offering theirworks for free - even the bad home made affairs. Promoting such activities is considerably damaging to legitimate andlicenced producers who derive their income from such material. While I can see the popularity with MIDI files the publishersare quite entrenched in their position to remove as much un-licensed material as possible. IF, and I stress IF everybodyplayed fair, professional quality data could be sold for as little as $1.00 per song and everyone would be happy and still makea living. Unfortunately many sites are acting in ignorance of the true facts and the damage they are doing. I understand yourservice supplies links to other sites and I ask you to understand our predicament. In law (apparently) you could still be liablefor some redress as, ( a major site) you are actively aiding the infringement process. I'll see what the publishers have to say onthe matter and I'll get back to you. Thanks once again for a speedy and mature response.

Dave Clackett


This is another site that I found empty but with this information:

Aug 26 1996...With deep regret I have no choice but to remove all the files that were located here. Seems that vast majority were piratedcopies of midi songs that businesses have created for clients and by my having these files here it was only aiding in the loss of revenues tothese businesses.

I would like to thank all those people who took the time to help me when I was archiving midis here. And all those that subscribed to my midilist.
For those of you that make midis yourself and would like to have them posted here with reference to you that can be arranged. If you havemidi files that are not copyrighted send em to me. I will slowly weed through the files I have, over 2000, and see if I can get some of them backup. But this will take some time.
I truly enjoyed all the email with compliments on these pages. And I would like to continue offering this but I have to take it slowly and makesure what I have available is free.
I again thank you all for your continued support. Don't give up on these pages completely, they are down for now but hopefully soon, with alittle effort and some help from you we can get them back up shortly. So like I said if you have any to submit just let me know.Music is a very important part of my life and I enjoy offering this to the public and would like to get this back up as soon as possible. We stillhave quite a few people subscribing to the midi list. Those interested can join..instructions on the main page...and we can use this for a forumfor midi discussion.
Any Ideas for new pages you would like to see..send me an email...I have alot of empty space to fill.
My Sincere Apologies--
Rick Baker

MIDI MADNESS


Return-Path:
From: "Guido Struben"
To: "Gianni Bocchi"
Subject: Re: Copyright INFO
Date: Fri, 27 Sep 1996 15:15:15 -0600
X-Msmail-Priority: Normal

Unfortunately, I'm not a lawyer so I don't fully understand this copyrightissue.

I think this is the way it works:

If you create all your own MIDI files then the only copyright infringement
that I can think of would be an infringement against the musical artist
that has a copyright on his song.
For example, if you sequence "Beat It" by Michael Jackson without obtaining
permission from him, then you'd be infringing on his copyright.


Return-Path:
X-Sender: 127793117926@post1.tele.dk
Date: Sat, 28 Sep 1996 02:03:38 +0200
To: Gianni Bocchi
From: Klaus Thormann Rasmussen
Subject: Re: Copyright INFO

At 11.51 29/09/96 -0500, you wrote:>Gianni,
>
Forget the notice and continue serving the midi files. While midi files ARE
copyrighted as soon as they are written, it doesn't mean that you can not
place them online for others to enjoy. Also... take a look at this... The
letter you got was a hoax...


Return-Path:
X-Sender: 127793117926@post1.tele.dk
Date: Sat, 28 Sep 1996 02:03:38 +0200
To: Gianni Bocchi
From: Klaus Thormann Rasmussen
Subject: Re: Copyright INFO

Dear Mr Bocchi:
As far as I see your problem, it has something to do with
the contents of your midifiles. You are too good at creating your files -
they are too similar to the original pieces of music, and you charge money,
as far as I understood your homepage. I believe that you are a victim of a
new problem. You have not told who is claiming copyright to your files. Even
if you created your files yourself, the composer still owns the rights to
his work. As a musician and composer I'm aware of the problem, but I'm not
the greedy kind of person. I know, that people might "steal" my
compositions, I can do the same if I wish!! :-) Your problems start in USA,
where they have too many lawyers, trying to create an income on doubtfull
cases. Relax - and let them take the initiative. The spin does not stick to
normal rules. As long as you have had your own hands on the music, and you
haven't copied directly - I doubt they can claim any rights. But it's a
matter located in the grey zone, and I'm no expert. Remove the charges from
your homepage - that's my advice!

Kindest regards from Klaus Thormann
- Basement Music - Denmark.



Return-Path:
X-Sender: zach@internex.net.au (Unverified)
Date: Sat, 28 Sep 1996 10:21:41 +1000
To: Gianni Bocchi
From: Zach
Subject: Re: Copyright INFO

The best way i see it is to put on your web page a brief statement of
copyright agreement. That way you don't infringe any copyright.


+-oOO-~o~-OOo---------------------------+
| V |
|Zach Ong |
|mail : zach@connexus.apana.org.au |
|WWW: http://connexus.apana.org.au/~zach|
+---------------------------------------+


Return-Path:
X-Sender: musicshoppe@mail.musicshoppe.com
Date: Sun, 29 Sep 1996 11:51:02 -0500
To: Gianni Bocchi
From: Dave W Schmid
Subject: Copyrights...

Gianni,

Forget the notice and continue serving the midi files. While midi files ARE
copyrighted as soon as they are written, it doesn't mean that you can not
place them online for others to enjoy. Also... take a look at this... The
letter you got was a hoax...

Return-Path: <.,@compuserve.com>

This IS NOT A VALID RETURN E-MAIL ADDRESS.... If this was for real, you
would be able to reply to the e-mail address listed... In this case, there
is no e-mail address, only a domain name. They use compuserve because it
looks official.

Date: Thu, 26 Sep 1996 17:49:21 -0400 (EDT)
From: .@Arl-Mail-Svc-1.compuserve.com, <@compuserve.com@mbox.vol.it>

Again... no e-mail address for a reply. Do you really think that whoever
visited your site is keeping track of which ones he sent e-mail too?



To: giboc@mbox.vol.it
Subject: Copyright Infringement

Sir, I notice that your site contains a considerable number of Standard
MIDI files. As a commercial MIDI file production company I have been asked
by a number of copyright protection bodies and music publishers to visit
such sites to inform you that the material you are offering is infringing
the copyright of the principle copyright owner. I.e.., the music publishers.

If this was the case, they would have called you personally, or sent e-mail
from a company domain.... Copyright holders have plenty of money to do this
'scam' realistically by having some sort of domain name like ... hmmm...
BMI.com? or ASCAPP.com... Those are the people that inforce copyrights...

They have requested me to inform you that all infringing material must be
removed within the next seven (7) days. If you fail to comply with their
request I shall notify them of your continuing offence and refusal to
remove them.

7 days? First of all, they didn't even mention what it was that was
infringing material. 7 days? Ha... It takes months for things like that to
happen. If this was for real, you would have received more than that
time... What would happen if you were out of town for 8 days? Would they
sue you? :-)


Failure to comply with this request will result in legal proceedings being
taken against you. For further information and clarification of
international copyright law it is suggested you contact your local
copyright protection society / music publisher directly. Thank you for your
attention.

If this guy was real... he would have given you the source of the copyright
protection. At least a snippet, or URL to visit.


Dave Clackett CEO Hands On MIDI Software Limited - UK / Hands On MIDI
Software Incorporated - US.

Where is his e-mail address?

Of course, if you deleted his e-mail address for his protection, it MIGHT
be a different story... but I think they are pulling your leg. Wait seven
days and see what happens! Do you really think they are going to
spend the money for this? And if they do... Blink.. it's gone.

Besides, if you have permission to place those files online, it's your
right. You can distribute those files anyway you want... Besides, you don'
thave any midi's ON YOUR PAGE! :-) If I got that letter, I would think it
was a prank. There is NOTHING LEGAL ABOUT E-MAIL as a form of legal action.
You can only do such things through the (Federal mind you) snail mail,
phone calls, etc...

Sorry that you had to get the scare. I'll let you know if I get any fun
mail like you.

Enjoy!
Dave