Is this illegal?

Category: Let's talk

Post 1 by audioadict (I'm going for the prolific poster awards!) on Wednesday, 27-Feb-2008 0:23:16

Hi all,
I have a website. On my site, I have audio files that I recorded of some songs that I know and like to sing. I allow free public downloads of these songs. The music isn't mine, and the lyrics aren't of my design but I love to sing, and I wanted to showcase my tallents. I'm wondering if putting these songs on my website is against copyright law and should I take them down? Should I not have made these songs in the first place? I want others to hear me singing, but at the same time, I don't want to brake the law. You can find my site at www.katie.braillesoft.net. Click on the audio files link to hear my songs.
I will greatly appreciate any suggestions.
Katie

Post 2 by Dusty (This site is so "educational") on Wednesday, 27-Feb-2008 2:30:34

Do you *seriously* have to ask? "the music isn't mine and the lyrics aren't of my design", ie you've stolen them.

You must own or have the owner's permission for anything you include in a website. Not doing so is breach of copyright and making them freely available is a further breach of same (plus willful distribution). Get a clue, take them down or get the copyright holders' consent!

Post 3 by motifated (I've now got the silver prolific poster award! wahoo!) on Wednesday, 27-Feb-2008 6:08:46

I agree with the last post. As someone who has had some of his orriginal music used without permission, that's annoying, to say the least. If songs are in the public domain, that is, the copyright has expired, you're safe. For a better explanation of copyright laws, check out the Library of Congress website, and I'm sure you'll find a link there.

Lou

Post 4 by laced-unlaced (Account disabled) on Wednesday, 27-Feb-2008 7:10:33

if you want people to hear you sing, then why not just put a song in your audio profile?

Post 5 by Reyami (I've broken five thousand! any more awards going?) on Wednesday, 27-Feb-2008 10:34:52

Just mention on your web site that the songs you've put up are not your work. And, forgive me, but did you say talent?

Post 6 by louisa (move over school!) on Wednesday, 27-Feb-2008 11:05:05

I agree with the previous post. Mention that the songs aren't your own work. Mention the artist and title and I think it will make things clear. I am not a fan of coppyright but anyway. Do what I've mentioned and you'll be all right.

Post 7 by Dusty (This site is so "educational") on Wednesday, 27-Feb-2008 11:06:45

Joanne that isn't enough. Simply acknowledging that you don't own the copyright doesn't stop you breaching it. It's best to err on the side of caution. Another thing to remember is that even if the original copyright holder has died, the rights may still be held by their estate or in trust. I hope you don't have any Beatles songs up there, cos we all know how fond Paul McCartney is of litigation! Lol

Post 8 by audioadict (I'm going for the prolific poster awards!) on Wednesday, 27-Feb-2008 12:01:14

Thanks a lot for the posts. Dan, I can't put a song on my audio profile because I'm not premium. Sadly, I'll take these down for good. Is it illegal to at least send the files in an email to someone? How do I find out if a song I'd like to record is copyrighted?

Post 9 by louisa (move over school!) on Wednesday, 27-Feb-2008 15:22:15

I doubt it, don't know how you can find out though.

Post 10 by audioadict (I'm going for the prolific poster awards!) on Wednesday, 27-Feb-2008 23:06:46

That's good. The music I used in my files were free to download, and my friend sent me a lot of the midi files I use. Joanne, when you said forgive me, but did you say talent? what did you mean by that. Do you not like my songs or something? If not, you don't have to listen to them.

Post 11 by Reyami (I've broken five thousand! any more awards going?) on Wednesday, 27-Feb-2008 23:28:44

i'm sorry for putting this post up, and I am in no way implying that I support any cruelty to animals.Um ... put it this way, i'd rather hear a cat getting its tail cut off with a lawn mower blade, than listen to what I just heard. Good Lord! You frickin' destroyed celine dion's version of Because You Loved Me!

Post 12 by Big Pawed Bear (letting his paws be his guide.) on Wednesday, 27-Feb-2008 23:33:15

if you want a general outline of copyright, go to www.cla.co.uk. it described the basics of copyright. yes it is a UK site, but the principals are the same for the US to i believe.

Post 13 by audioadict (I'm going for the prolific poster awards!) on Wednesday, 27-Feb-2008 23:53:43

Thanks. Joanne, that was quite harsh to say the least! I didn't think someone would hate my files that much!I don't take that kind of comments lightly.

Post 14 by Reyami (I've broken five thousand! any more awards going?) on Thursday, 28-Feb-2008 9:03:19

The correct use of grammar in that particular sentence would have been, "I don't take those kinds of comments lightly." You had asked what I meant, and I did put my opinion as gently as I could by questioning your use of the word "talent." So ... take it or leave it if you wish.

Post 15 by Martian Lady (I just keep on posting!) on Thursday, 28-Feb-2008 17:09:43

How many of the Beatle songs does Paul really still own. Perhaps he could buy them back from Michael Jackson. That way he could help both himself and Michael. Michael could keep his ranch and Paul wouldn't have as money to give to his charming ex.

Post 16 by musicangel (Generic Zoner) on Friday, 29-Feb-2008 18:54:33

I do not think it is illiagal as long as u are not selling the songs u are singing that are not yours because look at the karaoke websites they sing others songs I think it is ok as long as u are not selling them

Post 17 by purple penguin (Don't you hate it when someone answers their own questions? I do.) on Friday, 29-Feb-2008 19:41:21

But they are available to download so I guess she has to give credit to the original.

Post 18 by louiano (I'm going for the prolific poster awards!) on Friday, 29-Feb-2008 20:24:03

Ok. Here is the deal. if you put something for others to download that you perform, the midi file has a copyright attatched to it (if it says so in the website). In that case, you can only sing to that music and most of the time the public cannot hear that music. I am lucky enough to have the chops to arrange and compose and take vocal lessons. First of, i guess the singing has tone quality, although it concists of much scooping (sliding notes from tone to tone instead of singing those notes directly). Secondly, your soft pallate (the upper structure of the mouth) has to be round and up (as if you were yawning) when you sing. This will amke vowels more understandable and less bright and flat. Thirdly, you could take the melody out of the midi file and replace it with your own voice to reduce cluttering. A good way you could put the copyright notice is "this is my version" or "this is my arrangement" of suc and such by such and such. After all, no one can perform the same thjing exactly like someone else. Music is there to be difused and those who listen to good music have known this for decades! I mean, how many times have you heard a new version of "over the rainbow" coming out? Even some people just put their own versions on their personal sites without even giving notice to the composer. Its not like the jazz title "Poinciana" hasn't suffered the same. You see it everywhere, and this title is not even atributed to its composer but rather to its performer, even comercially! The opint of this is... just as long as you don't sell those files (mostly midis) for your own proffit and as long as it is ok with the owner of the midi files for you to do so go for it.

Post 19 by audioadict (I'm going for the prolific poster awards!) on Saturday, 01-Mar-2008 3:19:03

Thanks so so much for you're posts! I don't and won't sell these files or have anyone sell these. Yeh they may need some improvements, but we've got to crawl before we can walk, as my dad says.

Post 20 by Ukulele<3 (Try me... You know you want to.) on Saturday, 01-Mar-2008 15:28:19

I don't see what the big deal is... She can put up her own songs if she wants to as long as she isn't making money from them. Musicangel has the right of it I'm thinking. Look at people on youtube. They put stuff online like their own personal karaokes and things of that sort so what you're doing, download87, is not against the law. If you were to say the you actually wrote/composed "because you loved me" that would be a whole nother story. Good luck on your singing and keep doing what you do and don't let anyone discourage you otherwise.

Michelle

Post 21 by Dusty (This site is so "educational") on Saturday, 01-Mar-2008 19:56:34

Ooh, now them's is dangerous words! "Don't let anyone discourage you" is why so many people think they should be on shows like X Factor and American Idol.

If there's talent or potential, it should be guided and nurtured, but not everybody is good at everything and we have to be told when we are bad at something, especially if we put ourselves up for public scrutiny ...

Post 22 by Diane (Missing a Friend!) on Sunday, 02-Mar-2008 21:10:49

Just because something is on YouTube, doesn't mean it is legal. To record and/or sell someone else's music, you have to purchase a mechanical license from them that gives you permission to produce so many copies of it. I'm not sure exactly how the license reads for posting one on a web page. The best thing to do is to contact the publisher or copyright holder of the music and request a license. The last time I did this, I think I paid $75 per song to make 2000 copies, but I'd have to check to see if I am remembering correctly. And that was for recording it, not posting it, so you'd have to talk to them about that. Most Karoke tapes and CD's have printed on them something like, "For live performance only, not for recording purposes."
As and artist, it bothers me a lot when people take it upon themselves to steal my music and e-mail it or burn it to CD for them. While on one hand it is a compliment that they like it enough to share it, it is not right to take something that should be purchased from the artist.

Post 23 by motifated (I've now got the silver prolific poster award! wahoo!) on Sunday, 02-Mar-2008 21:18:15

Agree with the last post. Years ago' I did an album of public domain Christmas music. I did it to give out as Christmas gifts. My brother told me that friends of his liked the album so much he gave them coppies. That was about 20 or 30 coppies.

Lou

Post 24 by Big Pawed Bear (letting his paws be his guide.) on Sunday, 02-Mar-2008 22:44:17

basically download 87 be fucking careful. you are not anonamous on the internet, and you can get busted if they so choose. i would take the stuff down if i were you. and if you want my opinion on the music, and being a semi professional singer myself who has performed with a band, I feel qualified to say this, one, you are out of time, 2. out of tune. that's the plain fact of the matter. you wanted fair comment and you've got it here.

Post 25 by Reyami (I've broken five thousand! any more awards going?) on Sunday, 02-Mar-2008 23:30:43

agree with the last poster, and the pronunciation of certain lyrics is not correct in some cases. Strength is pronounced as you see it written here. not .. shtrength.

Post 26 by SensuallyNaturallyLiving4Today (LivingLifeAndLovingItToo) on Monday, 03-Mar-2008 10:23:11

If you want to showcase your talent, which you may or may not possess, I don't have the inclination to visit your site right now, choose songs that are allowable as recital repetoire, such as things from vocal petagogical books. Clearly state where they come from and that they are not for sale, but that people may listen to them, but not download them if they would like to experience your singing. If you perform at a recital with songs that are either in public domain or for educational purposes and you do not in anyway reproduce the songs on any recorded media or charge money for people to hear these songs you will be alright. If you are making an audition tape, performing for a music jurry or a level or are using the music to teach a voice student you may perform whatever you like, but your own personal website is another matter.

Post 27 by Reyami (I've broken five thousand! any more awards going?) on Monday, 03-Mar-2008 12:10:05

Just click on her user profile, and in there, you will find the link to her site.

Post 28 by louiano (I'm going for the prolific poster awards!) on Monday, 03-Mar-2008 22:33:18

interesting. Well, the dangerous words "don't let anyone discourage you" work sometimes. You have to test your ability by consulting friends and family (if you needed to do so). Better yet, check witha proffessional. As a barytone who has made it into the all-state choir, yes, you might be out of tune, but even proffessional choirs lower their tone every 30 seconds of the song--happens to anyone. As for more technically inclined... enounciate your words, as if you were exaggerating the letters p, t and some of the s (although you must be careful on these). Breathe only when there are commas in the lyrics or rests written in the music. Lift your soft pallate up (as if you were almost yawning) and finally, practice, practice, practice. From the recording, I could tell that these files you used as background were midi ones. There is nothing wrong with taking a song asa base and arranging it. Giving copies out like crazy pisses me off too, since i have composed original instrumental works--too bad profiles are 20 seconds right? But it is best to always check witht he copyright holder as previously stated. Besides, many artists sample every single song that has been recording today into their rap and hip-hop tunes, but that is mostly due to (i guess in a way) lack of creativity. It is so much fun to sit there and compose the part for each instrument with its original melody and put it all together. I am sure the brainless and often lame, teenage folk films material that is violating in copyright laws, and youtube had to respond by taking those things down. If you don't respond, someone surely will. As for public scrutiny, it can become so given that there is enough advertisement about it.

Post 29 by singingsensation (I just keep on posting!) on Friday, 07-Mar-2008 23:14:05

I think it's illegal in some ways, but legal personally in others. I don't know how to explain it.

Post 30 by margorp (I've got the gold prolific poster award, now is there a gold cup for me?) on Saturday, 08-Mar-2008 19:21:16

Lol...I gotta here this music!

Post 31 by Reyami (I've broken five thousand! any more awards going?) on Saturday, 08-Mar-2008 19:34:34

Trust me, it's horrible.

Post 32 by louiano (I'm going for the prolific poster awards!) on Saturday, 08-Mar-2008 21:38:16

lol i wonder who else has ventured to go to the link and consume the server's bandwith just to hear it too.

Post 33 by Eleni21 (I have proven to myself and the world that I need mental help) on Sunday, 09-Mar-2008 22:49:46

I think people today are way too picky and ridiculous when it comes to copyrights. I'm not talking about someone taking credit for songs and selling them as their own. But I see no reason why, if credit is given, people shouldn't be able to post their own versions of songs for free. In rebetika, my favourite type of music, they used to do that all the time. hell, they even stole each others songs or melodies to make up new songs. It's music people. It's meant to be shared. As for talent, I do think there's a way to constructively criticise without totally crushing someone's dream. yOu could still tell them that you don't think too highly of their music, but you don't need to be so harsh about it.

Post 34 by margorp (I've got the gold prolific poster award, now is there a gold cup for me?) on Thursday, 20-Mar-2008 14:08:01

It's not harsh.

Post 35 by singingsensation (I just keep on posting!) on Wednesday, 11-Jun-2008 23:56:51

I agree with post 33

Post 36 by The SHU interpreter (I just keep on posting!) on Thursday, 12-Jun-2008 21:41:58

yah mee too, its music, anyone can listen and criticize, but sometimes some people criticize differently than others.
just look at american idle if you watch it. the judges can totally crush someone with there criticisms.

Post 37 by audioadict (I'm going for the prolific poster awards!) on Thursday, 12-Jun-2008 22:10:52

I have a best friend who loves my voice. If it weren't for him, I would have gave up singing for good.