Hi, i could do with some advice about Flight of the Bumblebee (Act III) For Piano solo (Rachmaninoff).
I have downloaded the midi performance of this track and adapted it in ableton live for use in a YouTube video. The video is for a animation I made for a non profit, charity in the UK.
I see the performance says Creative Commons Attribution Non-commercial Share Alike 3.0 - Non-PD US, but everything I can find online says that copyright for this ended in 2014. How do I know which one is correct?
Can anyone help?
Thanks
Flight of the Bumblebee (Act III) For Piano solo (Rachmaninoff)
Moderators: kcleung, Copyright Reviewers
Re: Flight of the Bumblebee (Act III) For Piano solo (Rachmaninoff)
Disclaimer: I am not a lawyer, bla bla...
Transcription of music in any computer format (MIDI, MusicXML, Sibelius, Finale, ...) can be probably regarded either as an "edition" or as a "performance" of the relevant work. Formats like MusicXML, Sibelius, or Finale, contain plenty of information about the typographical rendering of the music as a score, so they may be probably better regarded as "editions". Therefore, they are subject to the typographical copyright in UK (25 years from first publication). The MIDI format is very poor as far as typographical information are concerned, while it is pretty accurate about performance information, so maybe it can be better regarded as "performance". Therefore, MIDI files are likely subject to performance copyright (50 years after lawful release in EU). This is obviously in addition to the copyright on the work itself (70 years after the composer's death in EU).
In this specific case, I would conclude that, in the UK, the MIDI performance that you mentioned is subject to the Creative Commons Attribution Non-commercial Share Alike 3.0 license for 50 years after lawful release. You can use it for non-commercial purposes; you have to credit the performer; and any derivative works you make with it must be shared under the same conditions. See CC license definitions for details.
You may possibly contact a qualified IP attorney to obtain a knowledgeable, professional answer.
Max
Transcription of music in any computer format (MIDI, MusicXML, Sibelius, Finale, ...) can be probably regarded either as an "edition" or as a "performance" of the relevant work. Formats like MusicXML, Sibelius, or Finale, contain plenty of information about the typographical rendering of the music as a score, so they may be probably better regarded as "editions". Therefore, they are subject to the typographical copyright in UK (25 years from first publication). The MIDI format is very poor as far as typographical information are concerned, while it is pretty accurate about performance information, so maybe it can be better regarded as "performance". Therefore, MIDI files are likely subject to performance copyright (50 years after lawful release in EU). This is obviously in addition to the copyright on the work itself (70 years after the composer's death in EU).
In this specific case, I would conclude that, in the UK, the MIDI performance that you mentioned is subject to the Creative Commons Attribution Non-commercial Share Alike 3.0 license for 50 years after lawful release. You can use it for non-commercial purposes; you have to credit the performer; and any derivative works you make with it must be shared under the same conditions. See CC license definitions for details.
You may possibly contact a qualified IP attorney to obtain a knowledgeable, professional answer.
Max
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Re: Flight of the Bumblebee (Act III) For Piano solo (Rachmaninoff)
The transcription was published after 1922 in the USA and renewed, thus enjoying a full 95-year term under the USA's 'droit du rodent' (known sometimes as the "Mickey-Mouse Copyright Law'). There are a few late Rachmaninoff works in this unfortunate category, including the Paganini Rhapsody and the Symphonic Dances. It's free almost everywhere else.