Audio Recording

[legionofangels]

Just a QQ here, in regards to a new site I'm making.

I want to use an audio clip of something from a TV show that the show no longer uses anymore, even though it's still on the air. I bet using it is illegal since they still copyrighted it.

HOWEVER, if I played it on guitar and sound recorded it for my website, couldn't I use that? I mean, it's me playing the music right, so therefore it's legit right?

I think I'm ok in this, as that is how Guitar Hero got to use songs like Heart Shaped Box by Nirvana as they had someone else singing the song and not Kurt Cobain.

Am I way off here?

[Marco van Herwaarden]

Look at it like this:

If you coded a modification and released it. Now someone else comes along and want to make something similar. We all know that he can not copy the code of the other author without permission.

Would it be allowed if he instead of copying it, just retypes the code? (still using identical code)

[Crinos]

Lotsa people make midi versions of commercial songs and distribute them freely. I don't see any companies filing lawsuits on midi creators...

As long as you're not earning any money from it, and is only intended for entertainment purposes on your site, I don't think it violates any fair use policies. They won't lose money or intellectual property if you're not making any from it...

Originally Posted by legionofangels

I think I'm ok in this, as that is how Guitar Hero got to use songs like Heart Shaped Box by Nirvana as they had someone else singing the song and not Kurt Cobain.

Different case entirely, since I'm sure they paid licensing on the rights to "re-record" the song, cause their intention is to include it in a commercial product).

- T

As long as you're listing it as "My cover of Song X by (Original Band)" you should be fine.

[ShawnV]

Originally Posted by Chris-777

As long as you're listing it as "My cover of Song X by (Original Band)" you should be fine.

Criss-777 is correct.

_V

[MaestroX]

I want to use an audio clip of something from a TV show that the show no longer uses anymore, even though it's still on the air. I bet using it is illegal since they still copyrighted it.

It will still be copyrighted . Anything you hear on the TV/Radio is copyrighted.

HOWEVER, if I played it on guitar and sound recorded it for my website, couldn't I use that? I mean, it's me playing the music right, so therefore it's legit right?

Unfortunatly not, you still need to get permission to do this and there will be royalties involved.

I think I'm ok in this, as that is how Guitar Hero got to use songs like Heart Shaped Box by Nirvana as they had someone else singing the song and not Kurt Cobain.

I don't know for sure in this exact case but I'm assuming they would have got the rights to use the songs.

Lotsa people make midi versions of commercial songs and distribute them freely. I don't see any companies filing lawsuits on midi creators...

Alot of TAB sites have been sued in recent years.

The legalities of music is always a grey area, but always assume you can't use material without permission.

Hope this helps

[Wayne Luke]

Originally Posted by legionofangels

HOWEVER, if I played it on guitar and sound recorded it for my website, couldn't I use that? I mean, it's me playing the music right, so therefore it's legit right?

They can add any song they want to the game because they pay licensing fees. That is how songs get used in movies, on the radio and as legal ringtones among other things.

Originally Posted by MaestroX

Alot of TAB sites have been sued in recent years.

The legalities of music is always a grey area, but always assume you can't use material without permission.

Hope this helps

Tab sites are not midi sites. The backing track sites haven't been shut down, sued, or otherwise.

OP will be fine if he (as I said above) lists it as his cover of whatever.

- Musician who runs a big music site.

[legionofangels]

Originally Posted by Wayne Luke

They can add any song they want to the game because they pay licensing fees. That is how songs get used in movies, on the radio and as legal ringtones among other things.

Why would they pay licensing fees on songs that are not the original scores?

Meaning the Guitar Hero songs such as Heart-Shaped Box, is not the version by Nirvana. They also list as Chris 777 says, "as made popular by Nirvana", but it's not Kurt Cobain singing the song and I don't think it's the same exact music track it sounds somewhat different like they re-recorded it or an unknown group did for the game and just listed the credit as "originally performed by Nirvana".

How is recording your own version of a song any different than making a midi of a song, I mean it's the same music, just in a different file type but made by someone else so it's not the exact original recording.
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Another question, at what point does a song become original. Mind you I'm talking mainly an instrumental song to do this to here, or no words. But how much does it have to be changed to consider it a different song?