source file: m1393.txt
Date: Thu, 23 Apr 1998 09:19:27 -0700

Subject: Re: Real Audio

From: alves@orion.ac.hmc.edu (Bill Alves)

>1. I don't know the law on putting other people's stuff on my page, but I
>sure would like to put some Partch, Darreg, etc. there. Does anyone on
>the list know the law on these matters?

John,

Putting copyrighted pieces, even excerpts, on your public server requires
that you pay performance rights royalties to ASCAP or BMI. There is
information about this at their web sites, including forms. When I queried
BMI about this issue, they said that they could not make any exceptions
(even when no money changes hands) as long as the composers have assigned
their performance rights to BMI. This means that you are even obligated to
pay for the music of tuning forum members who submit things to you, if
those composers are members of ASCAP or BMI. The only alternative, so far
as I know, is to get the composers to assign performance rights to you
directly. BMI and ASCAP performance rights are "non-exclusive," meaning
that composers have the right to assign performance rights to other parties
(i.e. you) on an individual basis. Thus if someone explicitly assigns you
those rights, you don't have to pay ASCAP or BMI. I hope this helps.

Bill

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^ Bill Alves                                      email: alves@hmc.edu ^
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