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 Post subject: Posting marching band mp3s on the internet?
PostPosted: Fri Nov 28, 2003 1:27 pm 
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Let's say (hypothetically) I've just made some high quality mp3s of marching band shows on my computer. Would there be any problems (copyright?) if i posted them on a website?


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PostPosted: Fri Nov 28, 2003 2:01 pm 
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not good (hypothetically)

Marching bands have to go through a lot of copy right guru (which costs money) to gain the rights to perform (as well as audio & video record) most of the music you hear on the field.

Posting of these MP3's without written permission from the organization (whether the high school marching band and/or original copy right holders of the music) can get yourself into a lot of trouble.

I would caution not to publicly posts these MP3s as you may never know who might be watching.... hypothetically :wink:

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PostPosted: Fri Nov 28, 2003 2:35 pm 
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i have to say i have found mp3s of marching bands on audiogalaxy.com a while ago. for example westlake high school's 2001 Westside story show. i dunno if it's still there.

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 Post subject: Re: Posting marching band mp3s on the internet?
PostPosted: Sat Nov 29, 2003 8:24 am 
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rebu wrote:
Let's say (hypothetically) I've just made some high quality mp3s of marching band shows on my computer. Would there be any problems (copyright?) if i posted them on a website?


I believe to spirit of the law is to discourage people from posting MP3's that decrease music sales. When a band purchases the musical arrangements they are given permission to perform that music anywhere, including TV and recordings for sale. So the copyright should not be an issue, unless the band plans to sell a CD of their show music and posting MP3's would cut into those sales. So I am guessing you will need permission from each marching band to post their MP3.

I'll post a couple marching band MP3's right now. These are old and out of print. These are of an old major university marching band from Southern California that no longer exists, since they cut the football program. Can any one name this band and years?

http://www.gotowebdynamics.com/mp3/bbmm ... aileys.mp3 (2.0 mb)

http://www.gotowebdynamics.com/mp3/bbmm/Malaguena.mp3 (3.3 mb)

http://www.gotowebdynamics.com/mp3/bbmm ... stille.mp3 (2.2 mb)

http://www.gotowebdynamics.com/mp3/bbmm/Rocky.mp3 (3.0 mb)

Some where recorded in an auditorium and some were recorded at a live performance. This is how woodwinds should to be used in marching band. You won't find any college bands in SoCal that sound this good today, unfortunately.

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 Post subject: name that tune...
PostPosted: Sat Nov 29, 2003 9:41 am 
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I can answer for two of your four selections -

Barnum and Rocky would be from the "Salute to Southern Lively Arts" show - CSULB - fall of 1977

Go Beach!!!

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PostPosted: Sat Nov 29, 2003 11:55 am 
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Grrr I was going to post about Long Beach.

I always hear the old guys talk about how great LB was before they lost football.

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PostPosted: Sat Nov 29, 2003 1:06 pm 
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Bandmaster wrote: "I'll post a couple marching band MP3's right now. These are old and out of print."

Out of print does not mean the copyright protection has expired. The copyright is held by by composer of the music (or whom/whatever has acquired the ownership of the composition). The right to perform is different than the right to copy, no matter what the medium (photocopying, publishing, written by hand, chisled into stone tablets, whatever.) Out of print merely means that the copyright holder is not making it available for sale, for whatever the reason, either publishing it themselves or licensing it to a publisher.


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PostPosted: Sat Nov 29, 2003 1:35 pm 
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Frankfan wrote:
Out of print does not mean the copyright protection has expired. The copyright is held by by composer of the music (or whom/whatever has acquired the ownership of the composition). The right to perform is different than the right to copy, no matter what the medium (photocopying, publishing, written by hand, chisled into stone tablets, whatever.) Out of print merely means that the copyright holder is not making it available for sale, for whatever the reason, either publishing it themselves or licensing it to a publisher.


Yes, that is true, but what I meant was that the recordings were out of print, so no record sales would be damaged by my posting these recordings. The arranger for this marching band had paid all the BMI and ASCAP fees to the composers, so the band could legally play and record their arrangement anywhere they wanted. I am not making printed copies of all the individual parts or the scores available here, am I?

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PostPosted: Sat Nov 29, 2003 6:16 pm 
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GO DAVE!

Anyway, I would say to go ahead and post the mp3s, i'm sure that no band director is going to sue you for giving his group publicity. And since the season is (for the most part) over, the schools that hold tournaments would not be able to claim lost profits due to "piracy"

Now, that is assuming that you recorded the groups yourself, and there were no signs saying something to the effect of "recording devices are illegal"

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PostPosted: Sat Nov 29, 2003 8:03 pm 
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jrichmond68 wrote:
GO DAVE!

Anyway, I would say to go ahead and post the mp3s, i'm sure that no band director is going to sue you for giving his group publicity. And since the season is (for the most part) over, the schools that hold tournaments would not be able to claim lost profits due to "piracy"

Now, that is assuming that you recorded the groups yourself, and there were no signs saying something to the effect of "recording devices are illegal"


Difficult to explain here. Still would be bad to publicly posts these MP3s. What Dave has and what the original poster is implying are 2 different scenarios. Don't chance it.

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PostPosted: Sat Nov 29, 2003 9:12 pm 
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The purpose of copyright is to protect content creators from people reselling the original creator's work, at a cost of lower profits for the creator. In fact, the reason copyright was established in the United States(hey kids, go get a copy of the Constitution to follow along!) was to ENCOURAGE creation of art by assuring artists that they would not get screwed.

Therefore, to make sure you wont get hit with a lawsuit, ask yourself this: will posting these mp3s cause the organization that performed them to lose money?

I would say that unless the band is selling thier own CDs of music, it's ok.

Then again, I'm not a lawyer, but I did read heavily into copyright code last year for a school project(yeah, i know...)

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PostPosted: Sat Nov 29, 2003 11:29 pm 
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I'm ALL into posting mp3s of music your band plays. i mean the ones that i have i just think man that band is GOOD! so i dont see how publicity is bad.
i think the copyright issues i see are the music companies that bands pay to get music. i think it's ok for Them to post music since it's their show their money.

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PostPosted: Sun Nov 30, 2003 12:00 pm 
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It is also the right of the copyright holder to control mechanical licensing (that is, putting the copyrighted material onto a medium such as a recording--CD, tape, MP3 or otherwise) of the holder's property, i.e. musical composition. I'm not sure of the exact legalities involved, but I do know that you have to treat a musical composition (or any other copyrighted material, for that matter) sort of like you treat another person's automobile--you can ask permission to drive it, and you may receive permission, but that doesn't give you the right to paint it, etc. or modify it in any way unless that was the original agreement. You also can't loan or sell it to your friend without permission from the copyright holder who in turn cannot do those things to the car without express permission.

Yes, the person who purchased the music has the right (and paid BMI or ASCAP fees) to record it, etc., but the right to do so does not transfer to you just because you are in possession of the recording.

No, some band director is not going to get his/her panties in a bunch over posting an MP3 on the internet, but the publisher MIGHT. Highly doubtful though. How is the copyright holder damaged, you ask? Because downlodading a free MP3 might prevent someone from going out and purchasing a licensed, paid for recording.


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PostPosted: Sun Nov 30, 2003 2:05 pm 
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I believe we are treating it like someone else's automoble...rebu took a picture of it, and unless that picture is going to financially harm the owner of the car, or the picture wasn't really taken by rebu, it is COMPLETELY OK to publish the picture.

Listen, the only way you can get "in trouble" via copyright infringement is through the civil court system. That means that the FBI and local police will not be breaking down your door to get to you. The only people you need to 'worry' about are a) the original published/artist of the music and b) the band that performed it. If niether of these people can PROVE they are losing money becuase of your actions, you are OK. IN FACT, you could claim you are INCREASING profits by promoting the group, thereby increasing ticket sales to thier events.
!!!

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PostPosted: Sun Nov 30, 2003 2:08 pm 
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Quote:
How is the copyright holder damaged, you ask? Because downlodading a free MP3 might prevent someone from going out and purchasing a licensed, paid for recording.


unless the music the band performed was an exact copy of the publishers original work, there is no "licensed" copy availible.



btw, I would LOVE to hear some MARCHING BAND mp3s!

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