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Gaafa
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bullet Posted: 9/06/07 at 6:59am
A very good argument Tony Di.
i don't know how it would float or for how long?
You have convinced me but I'm as important as a fart in the wind & would only become noticeable, if it followed into the car.
I read a couple of previous licences which make it generaly pionted, that to make or use a recording, is not allowed.
Maiinly because the script roghts house normally don't handle the recording, video or film rights.
But i like your idea & it's possibly the way it should be viewed, that those producing the midi are in fact musicains & if they gain permission to make a recording of the music, then the they hold the  intelectual property rights to his/her recording. Played by a live articipher for the show - this might be why the rights houses don't want to bring it to a head by litigation ' by letting sleeping dogs lie!
 By jove by george by jeeves!
  Maybe BDM, Stuart [Lazy Bee] or Dave [P&M] may be a ble to shed light on the this.



      Joe
Western Gondawandaland
turn right @ Perth.
Hear the light & see the sound.
Toi Toi Toi Chookas {{"chook [chicken] it is"}
May you always play
to a full house}

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TonyDi
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bullet Posted: 9/10/07 at 7:09am
Well you know Joe, I DO understand the issues surrounding rights yet there are at least 3 people I've seen (and I KNOW there are MANY MANY more) who do this for a living.  And they've all been doing it for many years this way. Oddly, the one guy says that as long as the theater company pays for the rights to do the show/musical that they have in essence paid for the rights to have it performed musically any way that it's possible for them to do it.  This guy and one other I'm aware of, have online sites for this purpose and I THINK in some instances have even paid licensing fees themselves for some things - to be able to "sell" copies of (I think up to 500 copies allowed for a set fee). But when doing shows that some theater company has paid for the rights to produce, they've done dozens of shows that way.  I'm assuming, knowing ONE of them PERSONALLY, that he knows his way around copyrights and performing rights to do what he does with the midi - and he's BEEN doing it for 25 years or more now. Of course he often is "in the pit" with his sound setup but he's also done shows for theater companies in other countries, and throughout the US via mail alone - on CD's or whatever formats are available (i.e. tape, mini disc, CD, reel-to-reel, computer) whatever has been in use over the years.  HOW these people that do this get away with it I can only guess they've worked out the details and know the system and what it allows them to do.
 
Wish I knew definitively.  I mean if you cannot afford an orchestra and the company doesn't offer - much less license MIDI backing tracks - then I guess it's OK to do whatever it takes. And with the equipment some of these folks have these days as well as even SOFTWARE that's available (usually pretty high priced) I mean you can nuance the heck out of a midi file and yes, replace a live orchestra.  I will NOT say (anymore) that the "sound" of a live orchestra is better because let me tell you that the last time I saw Phantom or Les Mis - BOTH used MINIMAL numbers of live players but a heck of a lot of keyboards and computers.  Frankly even touring companies cannot afford live musicians in the pit anymore.  And electronics have come a LONG way for sounding real.  I even have a program on one of my computers that uses SAMPLED priceless orchestral instruments i.e. Strad violins, violas, cellos, Steinway pianos, Guarneri stringed instruments, top line professional woodwinds, brass and an incredible host of percussion things.  As well there is a new program out there that you can type in TEXT (modified in a specific fashion) that uses SAMPLED human voices that can SING BACKGROUNDS OR ANYTHING you type in replacing the need for singers even. And it's not bad.  There are some oddities but they keep improving the software all the time so it WILL eventually replace singers too. AMAZING stuff.
 
ANYway, I said all that to say this - I GUESS whomever does this midi sequencing for a living and has made a business out of it, does have the inside scoop on the restrictions or lack thereof to be able to do this. I wish I could feel comfortable doing it.  I've done it myself for two shows compared to their dozens and dozens of shows - usually they also keep up with the current musicals because they get hired to sequence them.  So I guess it's legal otherwise they're just "getting away with it" and not being queried about it.
 
Maybe you're right - the rights owners see it as a battle too expensive and too pointless to pursue.  Interesting ideas though.
 
 
TonyDi
 
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