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 Post subject: Copyright questions
PostPosted: Mon Jan 08, 2007 12:32 pm 
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Location: Richmond, VA
I see clips posted on various sites that cannot possibly be public domain; what's the rule exactly? I was once told you could use 15 second clips without infringing on the law, but does anyone know definitively what the rule there is? And this assumes you're not selling anything - just posting for listening purposes.

Thanks -

jrc

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PostPosted: Mon Jan 08, 2007 1:40 pm 
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Technically:

To reproduce any NON Public Domain piece—whether printed music, audio recording or video recording (even if YOU are the performer)— you must either get the author's permission OR you can reproduce it IF it fits into the "fair use" doctrine which has developed over time from courts making judgments concerning the Copyright Act.

Section 107 of the Copyright Act contains a list of the various purposes for which the reproduction of a particular work may be considered “fair,” such as:
  • criticism or comment (reviewing)
  • news reporting
  • teaching
  • scholarship
  • research.

Section 107 also sets out four factors to be considered in determining whether or not a particular use is fair:
  1. The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes;
  2. The nature of the copyrighted work;
  3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and
  4. The effect of the use upon the potential market for or value of the copyrighted work.



The sites you see posting files of copyrighted works are most likely breaking the copyright law, especially if they are posting the entire piece and not just a sample. The only possible loophole would be if they are using the piece for teaching purposes.

Which might cover us in The Praise Exchange, but I don't know for sure.

Kitty

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PostPosted: Mon Jan 08, 2007 3:10 pm 
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Personally, I try to make it a point to post only PD tunes. I do some that are not, but send them out only by private e-mail.

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PostPosted: Mon Jan 08, 2007 6:28 pm 
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It seems to me that the majority of the world does not take copyright very seriously, at least not in the way that the US and the UK do. I wonder why that is.


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PostPosted: Mon Jan 08, 2007 7:22 pm 
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so far pretty much everything in TPE has been hymns. Which while under BMI liscense we are most likely safe since no one is making any profit from it. far from it hehe. And I could certainly make a case for TPE as a teaching tool of sorts.

However if someone has any serious misgivings about TPE we will have to reexamine. Because I personally do not have the time to search out only PD tunes to post. Most of the stuff I am posting come straight out one hymnal or another. hehe one of the nice things about having a small collection of hymnals. Which not to digress to much is also interesting to look at how hymns have changed over the years.

And actually what you are buying as I understand it when you get a BMI liscense is persmission to reprint lyrics out of a published book. We need one for example at our church to publish lyrics out of the Praise and Worship book our music director pulls his choruses from. We cannot under our liscense reprint the music from the same book just the lyrics. Not sure if there are multiple levels of a BMI liscense or not.

But none of the hymns put into TPE have been less than 50ish or so years old. I think. Would actually have to go back and check the dates. Copywrites only last so long and most companies are not holding the copywrites on the actual music just thier arrangements.


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PostPosted: Mon Jan 08, 2007 8:39 pm 
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TPE is surely an educational project? I go there to learn.


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PostPosted: Thu Mar 22, 2007 3:41 pm 
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Some very helpful info on copyright matters for worship leaders

http://en.wikipedia.org/wiki/User:Cluth ... ip_pastors


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