From: be726@cleveland.Freenet.Edu (Joseph A. Ellis Jr.)
Newsgroups: rec.music.makers
Subject: Re: Yes lyrics!
Date: 16 Oct 1992 19:04:51 GMT
Organization: Case Western Reserve University, Cleveland, OH (USA)
Reply-To: be726@cleveland.Freenet.Edu (Joseph A. Ellis Jr.)
NNTP-Posting-Host: hela.ins.cwru.edu


In a previous article, elee@undergrad.math.waterloo.edu (Salty Freckles) says:

>Not to understate the seriousness of the problem, but who would sue the nets
>for providing a non-profit repository of lyrics and tablature? Do you think
>the musicians would? As a musician I wouldn't. In fact I've stated I'd feel
>flattered. Do you think ASCAP or BMI would? Could you imagine the publicity
>that would result? "Copyright Corporations Sue Non-Profit Computer Networks"
>I think there'd be a big backlash against these companies concerning their
>over-reactions.

First, let's get one thing straight. Chord progressions are NOT copyrightable!
Therefore, TAB notation the provides ONLY the progression _is_ legal to
transmit over the net! I've said this _several_ times now. There is a BIG
difference, legally, between posting TAB and lyrics!

ASCAP or BMI (or SESAC) could very easily sue... and quite probably win. 
They play real hardball when it comes to protecting their member's rights.

 
>
>
>And in all of this, where is theft involved as opposed to sharing? In my
>opinion theft would be if InterNET charged a fee everytime you tried to FTP
>the tab to "Stairway to Heaven". There is no practical reason for the
>publishing companies to sue the Net since Net is not making any profit
>from *SHARING* the lyrics and tablature. Sure, the law might prohibit this
>but ASCAP and BMI would look a bit petty if they decided to launch a
>lawsuit.
>

The theft occurs in denying the copyright holder the due payment for use of
the material they own the rights to. The theft occurs when the owner looses
a sale of the LEGAL copies, whether the person distributin them makes any 
money or not!

>The reason why I'm apparently advocating breaking a few laws is that I think 
>we're losing the real reasons why i) we play music, ii) computer networks
>were established and iii) publishing companies were established. The most
>important part of this all is the music. In my opinion, any musician or
>person connected to music for music's sake would place the spirit and
>enjoyment of music before any kind of legislation. As for computer networks,
>the heart of this service is the exchange of information. I'm not talking
>North American Defense Strategies but the words and music to a favorite
>song. The Net is used by many beginner musicians who find it an invaluable
>source for learning their instruments by example with the help of other
>Net users around the world.
> 

i) Sure, we play music for fun. But how about you don't get paid your next gig?
   Not so much fun anymore, is it?

ii) Computer nets were established to exchange information, not break the law.

iii) Publishing companies were created for one reason: To Make MONEY. Period.
 
     That's the only reason ANY business exists. 
 
 
>And for publishing companies, I feel their purpose is to make sure that
>nobody else makes a profit from what the artist creates and not to make
>sure that other musicians will not get the enjoyment from learning and
>playing their songs.
>
>With all of this said, I really don't think posting lyrics or tabs on the
>Net is as dire a sin as you make it out to be. Then again, if the FBI shuts
>down the networks tomorrow as a consequence of this, I'll have a lot of ASCII
>characters to eat... :-)
>
>
>Gene Lee
>elee@descartes.uwaterloo.ca
>

-- 
 Joe Ellis  o/~ The Synthetic Filker o/~    |     TesserAct Studios
     Internet:   usr6184a@tso.uc.edu        |       P.O. Box 18577
        GEnie:   J.ELLIS22                  |     Fairfield, OH 45018
    All filked up and no place to sing!     |   New Dimensions In Filk!
Newsgroups: rec.music.makers