MIDI – Is it Piracy?
p2p news / p2pnet: In May 22, 2003, I wrote, “What drew me to the Net years ago was online music – and MIDI was about all there was, back then. But still very, very cool, even on some of the wierd software that was around. And now what I’d like to do is host a limited number of readers’ mp3’s here on p2pnet.net.”
I posted some of my own (now ancient) stuff a long time later, but I didn’t have the time to follow through, although I plan to in the forthcoming p2pnet upgrade.
Anyhow, MIDI (Musical Instrument Digital Interface) has been online forever and these days, “virtually anyone can take a midi file and using a program such as Garage Band or Reason create a near studio quality rendition of their favorite song,” says -1-Lone_Eagle on slashdot.
“This opens up an interesting discussion, is a remixed midi file an original creation? Or is it simply a copied work with the rights belonging to the original author? Is it Piracy? What do the you think?”
So what do you think?
In the meanwhile, check out Justin Frankel’s NinJam as well. It doesn’t support MIDI yet, but Frankel says it will.
JN
November 12th, 2005 at 7:50 pm
Most Karaoke stuff is mostly high quality rendering of midi songs, its going to be interesting to see where will that leads.
November 12th, 2005 at 8:33 pm
Or is it simply a copied work with the rights belonging to the original author? Is it Piracy? What do the you think?”
This is a very difficult legal question in the U.S.A because:
- The Copyright Act does not define what is music, In the Sec. 101. Definitions area of the law the following types of works are defined: anonymous work, architectural work, Audiovisual works, Literary works, Motion pictures, Phonorecords, Pictorial, graphic, and sculptural works, Sound recordings, work of visual art, computer program. Apparently the boys on the hill were too busy getting reelected and they skipped a definition for music, song, sheet music, etc. Anything having to do with the songwriting/composition process was left out. The words “plagiarize”, “piracy”, theft are also neither defined nor classified as infringement. That is what you get when you approve laws without reading them.
- There is then history. In the past almost all artistic works were improved or simply different renditions of prior works. This suggests that for much of the artistic works, historically, there is little originality.
- The there is the strange case of the American hymns. The Star spangled banned is registered by 277 authors or publishers in the ASCAP repertoires (check http://www.ascap.com/). This tells us there are 277 entities that claim author rights so as to make money when the song is played on radio and concerts at ASCAP licensed stations and concert halls. Almost all Latin American Hymns are claimed by a single composer at BMI (http://www.bmi.com/), a fact that fumes the Latin Americans who say that the Americans have hijacked their national hymns. For example, the Hymn of Mexico is “owned” by a large American Publisher.
Now, if one is allowed to take something in the public domain, like the Star spangled banner, and claim ownership after changing a note here and there, why cannot you do that with any song? If you can take ut from the public, why cannot you take it from a less important entity, a songwriter or a publisher.Then the logical reply to your question should be yes. The problem is that the legal system (which includes the laws) is totally unrelated to logic.
Of course, none of the above means anything to a judge if you are sued. The outcome of the lawsuit could/may (sorry for the legalese) depend arbitrarily on these possible facts:
— which lawyer is the best connected and best trickster
— if the suing party is a publisher or the original songwriter
— your nationality, race and religion of the sued party
— how much money you have in the bank
— the color of the judge’s tie
— if the judge is pro business as always
— the jurisprudence that is found by chance
— the weather
— the judge’s musical taste
etc.
But be warned, do not check with a lawyer. He will have no idea either, because the legal system and the laws are a huge mess.
Anyway if you are taken to court, the judge will decide in about 5 to 10 years.
My suggestion is that if you want to be a songwriter, learn music and the language and write an original song. If you think you have the talent, make more songs. If people like them, make more songs. Else stop and forget about being a songwriter. Anyway, do not think too much about money, since the cocodriles are after the same money too and they have lawyers.
Rafael Venegas
http://www.gvenegas.com
November 12th, 2005 at 9:43 pm
What about the many songs that used the rythm generators built into midi instruments ?
November 13th, 2005 at 3:22 am
Good question, how many electronic instrument makers could suddenly turn around and demand royalties whenever a particular effect, or series of effects was incorporated into a song?
November 13th, 2005 at 4:29 am
i played that stupid x-files midi file LIKE IT WAS COOL
November 13th, 2005 at 6:12 pm
What is the author of this article suggesting ?
just because the potential exists a person could make a near studio quality rendition of their favorite song does not mean it should give the entertainment cartels any crazy ideas about drming the MIDI technology.
NO MIDI IS NOT PIRACY.
MIDI is one of the few technologies besides the MP3 that have not been screwed up by the music industry begging for “relief” from the US congress in the form of restrictive drm because of their claim of how the technology is abused by “pirates”.
MIDI is one of FEW truly innovative creative technologies that a musician like myself can use for my creative inspiration.
It’s one of the few technologies that have not been screwed up by the entertainment cartels.
I use a Intel based computer with BAND IN A BOX and the SIBELIUS G7 guitar notation software hooked to a Korg MIDI keyboard via a EMU 1212M midi analog card.
MIDI TECHNOLOGY HAS TO BE UNHINDERED BY ANY FORM OF DRM OR OTHERWISE IT WOULD BE IMPOSSIBLE FOR A LOT A COMPUTER SOFTWARE SEQUENCERS AND KEYBOARDS AND MUSIC NOTATION PROGRAMS AND OTHER STANDALONE MUSIC SEQUENCERS TO COMMUNICATE WITH EACH OTHER .
DO YOURSELF A FAVOR AND QUIT WRITING RETARDED ARTICLES THAT GIVE THE ENTERTAINMENT CARTELS STUPID IDEAS.
November 13th, 2005 at 7:47 pm
What honestly makes you think the cartels haven’t/aren’t thinking about this already ?
The point of the article is to make EVERYONE aware.
If only the cartels are thinking about this stuff ( they are ) then
we will all be caught blindside.
Please, keep bringing us the “stupid” articles.
The more you know ………
November 13th, 2005 at 8:55 pm
I agree that this article was pretty stupid. It’s such a tiny market anyway that no one is really going to care enogh to get Congress to suppress it. More importantly, who cares?
November 13th, 2005 at 11:30 pm
Tiny ?
Is it ?
Maybe not as tiny as you know.
Curious … you a keyboardist ?
I kinda doubt it
November 13th, 2005 at 11:56 pm
Why do you think that most studio recording places are closing? Why do you think that most artists don’t want to use studio recordings to “get it right”? Because the expense is so high that it is far cheaper to make your own on the computer. Money in gobs you may not have but time for your personal pet projects that you are willing to put sweat equity into is something else.
Should the cartels be able to close down this method of home work, no independants will have the ability to do their own. That means the cartels are back in business. For less than the cost of 1/2 a day of studio time you can have one heck of a home recording studio and work at your own time and pace without concern for further expenses in outlay.
Oh, the cartels would love to shut this one down. Making home studio’s that rely on pc computer technology illegal would be a god send to them.
If they would go so far as to suggest that any “attempt” to download is a breach of copyright and therefore infringement subject to the total statutory penalities; what makes you think they would not consider this as a viable attempt to restore their lock down? We don’t have to give them this idea, it is one they want in their wet dreams and most likely are already scheming on how to pull it off.
November 14th, 2005 at 1:02 am
I read the gist of your article explaining how all of the recording studios are conspiring againest the aspiring musician by depriving him of computer based home recording system.
Actually your arguements sound ludicrous and silly.
Before the advent of home recording the major recording studios were dependant on in studio auditions to discover new talent.
In the past a new aspiring music act was discovered in a sleazy bar by an unscrupulous music booking agent.
The same kind of place if the bar or club patrons did not like your music they will commence to throw beer bottles at you.
I read interview by robert fripp of king crimson how record agents are scum and signing a record contract is like signing a pact with the devil.
Apparently robert has some bad experiences with his old record label E.G. records that left a bitter taste in his mouth.
The same kind of sleazy lowlife that would ripoff a new aspiring band on record royalties and song publishing rights.
By today’s standards it just would be simply just too expensive for recording labels to depend on studio auditions and word of mouth testimonials from booking agents and other sleazebags in the music and publishing business.
SO THIS IS THE RUB.
THE MAJOR RECORDING STUDIOS MUCH RATHER DEAL WITH A HOMEBREW CASSETTE OR CD OF A NEW ACT AND AUDITION IT THEIR LEISURE BY A RECORD COMPANY BIGSHOT RATHER THAN A VERY EXPENSIVE IN STUDIO AUDITION OR RECORD AGENT.
IF THEY LIKE WHAT THEY HEAR THEY WILL GET IN CONTACT WITH YOU BUT DON’T COUNT ON IT.
LIKE THE LATE GREAT JIMMY DURANTE USED TO SAY ;
“EVERYBODY WANTS TO GET INTO THE ACT AND IF WE ARE INTERESTED DON’T CALL US WE’LL CALL YOU.”
November 14th, 2005 at 2:00 am
I think your missing the point here …
If the midi file plays the musical notes of a copyrighted song, then they may consider this as infringment.
Look what happened to karaoke, ASCAP is visiting bars and forcing them to pay a license for using the songs in public.
See this cartoon put out by the NY times back in 2003
http://www.nytimes.com/imagepages/2003/09/16/arts/20030916_POPLIFE_IMAGE.html?8hpib
November 14th, 2005 at 4:05 am
“THE MAJOR RECORDING STUDIOS MUCH RATHER DEAL WITH A HOMEBREW CASSETTE OR CD OF A NEW ACT AND AUDITION IT THEIR LEISURE BY A RECORD COMPANY BIGSHOT RATHER THAN A VERY EXPENSIVE IN STUDIO AUDITION OR RECORD AGENT. ”
Once upon a time ….
“Homebrew” recordings couldn’t match the quality of a studio.
So, at that time, your statement would have been true.
They listen at their leisure, like what they hear, get the group to
sign one of their lopsided contracts for the “priviledge” of getting
recorded in a big studio, with all of the other “benefits” that implies.
They could do this at their leisure, primarily because “homebrew”
couldn’t compete with their studio boys and the “media machine”.
Home recording is much different now.
Home recording results can match or better the big studios.
The internet is capable of being a bigger, better, media/distrubution
machine than the labels ever imagined.
Because of PC’s and the internet, you no longer have to wait for
the call from the “Big Boys”. You can do it ALL yourself. Be a major
player, WITHOUT them.
EVERYONE WHO WANTS IN ON THE ACT CAN DO IT, WITHOUT WAITING FOR A CALL.
Musicians DON”T NEED THEM ANYMORE, unless they manage to
criminalize, or lock down any and ALL technology that allows the
unsigned to compete.
This makes your arguments look simplistic and naive.
November 14th, 2005 at 5:36 am
So if you are so smart how come you have not wrote a monster music tune and marketed on the internet ?
Surely you would be a millionare by now and you would not waste your time with mindless websites where you spend your idle time posting mindless childish drivel and nonsense on internet websites.
Do you mind if i ask you a really loaded question ?
Do you actually play a musical instrument?
I’ll take a wild stab at this and you probably don’t.
If this is the case then i want to honestly ask you what makes you a leading and convincing authority on the subject ?
I bet you don’t even have a acoustic guitar.
Do you realize how much money is involved in purchasing a home recording system ?
That could run you anywhere from $10000 to $25000 .
That is just for a cheap system.
If you want an insight on how expensive home recording is get a catalog from sweetwater progear or go to their website at http://www.sweetwater.com
Let’s see…………..
I play bass as a primary intrument.
I have a yamaha and jb player and a hohner 5 string bass.
I have two roland 8 track recorders .
I also have a behringer 8 track mixing board a carvin bass head two korg keyboards and a yamaha keyboard.
I also have a intel based computer system with a emu 1212M midi and analog computer card and i run band in the box and sibelius g7 midi and notation program.
i also have the cakewalk multi track recording system.
I have four carvin 15″ slant back monitors and 2 yamaha power amps and a qsc power amp.
I have a modest income from my employment and every spare penny i get goes into my computer and music system.
All of this junk cost me a fortune.
I KEEP ALL OF THIS IN PERSPECTIVE:
I JUST DO THIS AS A HOBBY
You sound like some young whippersnapper that not even employed and all yoy are is just a want – a – be who wants to make it in the music industry without actually working for it.
You make it sound so easy.
EVEN A HOME RECORDNG SYSTEM COSTS BIG TIME MONEY.
EVEN PEDDLING MUSIC ON THE INTERNET REQUIRES CONTACTS THAT WOULD LEAD TO THE BIG LUCRATIVE RECORDING CONTACTS.
YOU MIGHT HAVE A WHOLE MUSIC CATALOG PORTFOLIO THAT NOBODY’S INTERESTED IN AND YOU COULD’NT EVEN GIVE IT AWAY.
EVEN A TOP NOTCH HOME RECORDING SYSTEM REQUIRES A LOT OF MONEY AND THAT IS A DIFFICULT PROPOSTION FOR MOST MERE COMMON MORTALS WITH AVERAGE MEANS.
So where do you get this bogus and misguided notion that just anybody can record and market music on the internet ?
All in all it sounds like being a professional musician is such a glamorous lifestyle but for a lot of people in the pop music field there is a lot of pressure to honor recording contracts.
SIGNING A RECORD CONTRACT IS LIKE MAKING A PACT WITH THE DEVIL.
A lot of people that are rap stars and rock musicians have mental problems and they get strung out and addicted to drugs and have serious health and legal issues.
I’m talking about layne staley of alice in chains and kurt cobain.
I’m talking about people like janis joplin jimi hendrix keith moon and bonzo bonham of led zeppelin.
All of these people had one thing in common.
Once these people got rich they could not handle their fame.
THEY COULD NOT HANDLE THEIR FAME AND NOTORIETY AND YOU COULD NOT EITHER.
A LOT OF ROCK AND RAP ARTISTS ARE DRUG ADDICTS AND PERVERTS AND IT WOULD MAKE A GOOD CASE WHY A LOT OF THESE PEOPLE WOULD DESPERATELY WOULD NEED GOD IN THEIR LIVES.
November 14th, 2005 at 5:41 am
So if you are so smart how come you have not wrote a monster music tune and marketed on the internet ?
Surely you would be a millionare by now and you would not waste your time with mindless websites where you spend your idle time posting mindless childish drivel and nonsense on internet websites.
Do you mind if i ask you a really loaded question ?
Do you actually play a musical instrument?
I’ll take a wild stab at this and you probably don’t.
If this is the case then i want to honestly ask you what makes you a leading and convincing authority on the subject ?
I bet you don’t even have a acoustic guitar.
Do you realize how much money is involved in purchasing a home recording system ?
That could run you anywhere from $10000 to $25000 .
That is just for a cheap system.
If you want an insight on how expensive home recording is get a catalog from sweetwater progear or go to their website at http://www.sweetwater.com
Let’s see…………..
I play bass as a primary intrument.
I have a yamaha and jb player and a hohner 5 string bass.
I have two roland 8 track recorders .
I also have a behringer 8 track mixing board a carvin bass head two korg keyboards and a yamaha keyboard.
I also have a intel based computer system with a emu 1212M midi and analog computer card and i run band in the box and sibelius g7 midi and notation program.
i also have the cakewalk multi track recording system.
I have four carvin 15″ slant back monitors and 2 yamaha power amps and a qsc power amp.
I have a modest income from my employment and every spare penny i get goes into my computer and music system.
All of this junk cost me a fortune.
I KEEP ALL OF THIS IN PERSPECTIVE:
I JUST DO THIS AS A HOBBY
You sound like some young whippersnapper that’s not even employed and all yoy are is just a want – a – be who wants to make it in the music industry without actually working for it.
You make it sound so easy.
EVEN A HOME RECORDNG SYSTEM COSTS BIG TIME MONEY.
EVEN PEDDLING MUSIC ON THE INTERNET REQUIRES CONTACTS THAT WOULD LEAD TO THE BIG LUCRATIVE RECORDING CONTACTS.
YOU MIGHT HAVE A WHOLE MUSIC CATALOG PORTFOLIO THAT NOBODY’S INTERESTED IN AND YOU COULD’NT EVEN GIVE IT AWAY.
EVEN A TOP NOTCH HOME RECORDING SYSTEM REQUIRES A LOT OF MONEY AND THAT IS A DIFFICULT PROPOSTION FOR MOST MERE COMMON MORTALS WITH AVERAGE MEANS.
So where do you get this bogus and misguided notion that just anybody can record and market music on the internet ?
All in all it sounds like being a professional musician is such a glamorous lifestyle but for a lot of people in the pop music field there is a lot of pressure to honor recording contracts.
SIGNING A RECORD CONTRACT IS LIKE MAKING A PACT WITH THE DEVIL.
A lot of people that are rap stars and rock musicians have mental problems and they get strung out and addicted to drugs and have serious health and legal issues.
I’m talking about layne staley of alice in chains and kurt cobain.
I’m talking about people like janis joplin jimi hendrix keith moon and bonzo bonham of led zeppelin.
All of these people had one thing in common.
Once these people got rich they could not handle their fame.
THEY COULD NOT HANDLE THEIR FAME AND NOTORIETY AND YOU COULD NOT EITHER.
A LOT OF ROCK AND RAP ARTISTS ARE DRUG ADDICTS AND PERVERTS AND IT WOULD MAKE A GOOD CASE WHY A LOT OF THESE PEOPLE WOULD DESPERATELY WOULD NEED GOD IN THEIR LIVES.
November 14th, 2005 at 4:13 pm
“EVEN A HOME RECORDNG SYSTEM COSTS BIG TIME MONEY. ”
No, It doesn’t have to.
A 2.4 ghz computer with a decent sound card, cakewalk sonar
and Soundforge. does a real nice job.
“EVEN PEDDLING MUSIC ON THE INTERNET REQUIRES CONTACTS THAT WOULD LEAD TO THE BIG LUCRATIVE RECORDING CONTACTS. ”
No, it doesnt
Make a nice website, host a coupla tunes.
Or drop em at some good indie site like DMusic.com.
The big lucrative contracts aren’t desirable OR necessary.
You said it yourself …
“SIGNING A RECORD CONTRACT IS LIKE MAKING A PACT WITH THE DEVIL. ”
Now you can make it without holding satans hand.
Yes I am a musician.
a Keyboardist.
In the 30+ years I played, was offered contracts twice.
I told the Devil to pack.
You see, some folks out there still play and write because they
love to do it. A little cash on the side is nice, but we would still
play without it.
“Surely you would be a millionare by now and you would not waste your time with mindless websites where you spend your idle time posting mindless childish drivel and nonsense on internet websites. ”
Millionaire ???
Not everyone wants millions. That’s greed.
But the internet can bring in a MUSICIAN a nice income for cheap.
As someone who also has a home studio, you should know this to be true. The “Contract” no longer has to be the brass ring.
“You make it sound so easy.”
That’s because it is.
Why do you think the industry is working so hard to ELIMINATE
all of those nifty things musicians use, without going through them ?
Because it is easy.
Why is it so hard for you, I wonder ???
Oh .. I know …………….
” YOU MIGHT HAVE A WHOLE MUSIC CATALOG PORTFOLIO THAT NOBODY’S INTERESTED IN AND YOU COULD’NT EVEN GIVE IT AWAY. ”
I’m done.
Flame away loser.
November 14th, 2005 at 5:35 pm
Hey i like your snappy comebacks.
I did’nt know you were a man of experience.
I interested to know what contracts you turned down by a major recording studio ?.
Is that just a outright lie or is it just your illusions of grandaur ?
I mean i don ‘t you from adam and i can’t put much stock into somebody i don’t even know posting crap on a poopy website.
I really was amused by your final rant in your response of me being a loser.
I WISH YOU WOULD DISPENSE WITH THE NAME CALLING BECAUSE THE ONLY THING YOU ARE DISPLAYING IS YOUR IGNORANCE AND IMMATURITY.
I WOULD NOT EVEN DIGNIFY YOUR RUDE AND CHILDISH REMARKS.
IF YOU ARE SUCH A WINNER WHY DO YOU WASTE YOUR TIME WITH p2pnet.net ?
How old are you ?
YOU DON’T SOUND LIKE A MAN THAT IS FIFTY YEARS OLD.
YOU HAVE THE MATURITY LEVEL JUST LIKE SOME OF THESE PIMPLY FACED KIDS THAT POST DRIVEL AND NONSENSE ON THIS WEBSITE.
I have enough common sense and experiance in life i can treat musicianship as just a diversion and a hobby.
It was never meant to be in my life being rich and famous.
Maybe that was the case in your situation otherwise you would be a millionare.
JUST MAYBE YOU HAD A MUSIC PORTFOLIO YOU COULD NOT EVEN GIVE AWAY AND YOU ENDED UP LIKE MOST PEOPLE WHO EVER TRIED TO GET IN THE MUSIC BUSINESS.
A MISERABLE FAILURE.
MAYBE YOU ARE A KING SIZE LOSER OTHERWISE YOU WOULD TRY NOT TO FEED ME A LINE OF CRAP IN HOW YOU TURNED DOWN TWO LUCRATIVE RECORDING CONTRACTS.
OTHERWISE YOU WOULD NOT BE WASTING TRYING TO CONVINCE A PERFECT STRANGER LIKE MYSELF ABOUT YOUR ACCOMPLISHMENTS IN LIFE.
NOT ONLY ARE YOU A LOSER YOU WOULD BE ALSO BE A LIAR.
MAYBE YOU ARE A LEGEND IN YOUR OWN MIND.
ARE YOU SURE YOU ARE NOT A TROLL ?
I CAN’T PUT STOCK INTO PEOPLE THAT I DON’T EVEN KNOW.
PEOPLE LIKE YOU DON’T IMPRESS ME.
BLOW CRAP UP SOMEBODY’S ELSE’S ASS.
November 14th, 2005 at 6:11 pm
Get a grip ! Sounds like all the equipment you have is “top notch” but today, we’re in a digital world, and the strange part of it is, people are actually interested in buying lower quality compressed music.
November 15th, 2005 at 8:35 am
I think the other point that is being missed is the millions of midi players sitting in people’s pockets (aka mobile phones/cell phones). A lot of polyphonic ring tones are just plain midi files – at least on my Sony Ericsson – and there is a very lucrative market selling these to people (at least there is over here in the UK). If there isn’t money to be made then the area gets ignored – a bit like the old computer games. Now that phones will play the old stuff and companies want to sell them they have clamped down on the people who share them to use with emulators.
November 16th, 2005 at 1:06 am
I think it boils down to the simple fact that a MIDI file is NOT a recording. It is a description of the music, not the music itself. A MIDI file merely contains data that tells the player software what notes to play etc. This is similar to a printed score. I have made a great deal of MIDI files of copyrighted music, simply by listening to the track and copying what I hear into a MIDI program. To date I have never been sued.
I don’t know what the legal situation is regarding MIDI, but it would appear to me that it is not on the same level as an actual recording. Then again, considering the state of copyright laws at the moment, and the hoo-ha about file sharing and DRM and all the rest of it, I wouldn’t be surprised if this gets targeted as well in the near future.