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Xero Sampler Tape
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Xero Sampler Tape // Roundtable
Post by TomG // Mar 17, 2008, 6:38am
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TomG
Total Posts: 3397
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Hmm every piece of artistic work has copyright, that comes into existence the minute someone creates it. Having an album name or record label does not grant copyright.
The second someone writes a piece of work, they own the lyrics and the music (perhaps different people own each). The rights to those belong to the authors. The moment a work is performed and recording, performing rights come into being and belong to the performers.
Both types of rights are not dependent on publishing deals, record labels, quality, names, or anything else. The same things apply to writing, painting, etc - the second the artist creates it they own the rights to it, and can dictate who gets to copy it and who doesn't, hence copy right.
Note that most of the legal stuff is about PROVING your copyright, not creating it. Copyright never needs creating, as its automatic. But it does need proving if a dispute arises. This is where things like dated master tapes, recording sessions, record label deals, etc, come into play, but that's all about proof and not about making the copyright.
So, these pieces DO have copyright, its impossible for it to be any other way. Both the lyric and music authors, and the performers (here the same people I believe) have the right to say whether or not this copy can be made and distributed.
So, have Linkin Park authorized people to edit, alter, and distribute these songs? If not, I will have to ask for this thread to be removed.
HTH!
Tom |
Post by W!ZARD // Mar 17, 2008, 7:26am
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W!ZARD
Total Posts: 2603
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I'm a big Linkin' Park fan but I won't be downloading these until I'm told that it's OK to do so by the copyright holders - Linkin' Park and who ever made the original recording. There is not only automatic copyright for the songs writers but also for the actual recording of that performance.
If I record you singing your own original song, you own the copyright for the song itself but I would own the copyright for that recording. |
Post by TheWickedWitchOfTheWeb // Mar 17, 2008, 9:12am
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TheWickedWitchOfTheWeb
Total Posts: 858
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Having a label does not mean no copyright as Tom has pointed out and, if the songs have been registered with MCPS, GEMA, whoever, then you do not have the authority to make these tracks available and royalties are owed.
Just because a song hasn't been officially released or recorded whilst signed to a label doesn't mean there's no copyright, it just means slightly different types are in play. My last royalty payments covered the tracks released by the label I was signed to and the tracks I'd written before being signed that hadn't been recorded but had been performed live and I got more for those than the recorded ones!
I won't been downloading either, but that's mainly because I've got no interest in Linkin Park! |
Post by 2much4U // Mar 17, 2008, 12:44pm
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2much4U
Total Posts: 430
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Oh............
Sorry for this mistake, it was a problem on my part. :(
I got convinced that these tracks were okay to distribute based on something I read somewhere on the web. I guess I was wrong. The very fact that these songs are almost impossible to find anywhere made it all the more convincing.
Again, sorry! It won't happen again. |
Post by TomG // Mar 18, 2008, 6:39am
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TomG
Total Posts: 3397
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Not a problem, we know you acted in good faith having read somewhere that they had no copyright. Copyright is something most folks misunderstand, so not surprising that someone somewhere got confused about it and said these had no copyright :)
Figured it was worth the explanation, since it applies to digital art as much as music or painting or writing. Good to know that the moment you create something, whether as a scribble on a napkin in a restaurant through to a 3D rendered masterpiece, the copyright is yours instantly at the moment the artwork is created, without you having to do a thing.
Thanks!
Tom |
Post by 2much4U // Mar 18, 2008, 7:02am
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2much4U
Total Posts: 430
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Tom - I sent you an email as well, but figured that you might see this post sooner.
I did some more research on the net to see if those tracks are ok to distritbute and found some interesting statements online (the quotes are links. Just click on them to view the original pages):
"Linkin Park have always said it's ok to download what you can't buy of LP. So go ahead and enjoy. It's nice to finally have decent copies of the demos, and it's nice to share."
(http://lpfuse.co.uk/index.php?content=web/demos/index.html&old)
"We support free music.
So go ahead! Download that s**t!" - Mike (http://www.pushmeaway.com/lyrics.html)
("Mike" is the keyboardist, emcee, and producer of the band.)
"As with all fan sites I do not own the copyright to the tracks posted here. However none of these tracks are comercially availble and are not destined to be." (http://lpfuse.co.uk/index.php?content=downloads)
The third quote is almost directly related to LP demos, not the xero sampler tape, though the xero sampler tape is in the exact same position, if not more so. It isn't being sold, hasn't been for almost 11 years, and never will be. Apparently, LP supports downloading of their music, and based on the first quote, specifically tracks that are no longer being sold or monitored. Another interesting fact is that LP has only played a Xero song once since the tape came out, almost 9 years later! If downloading the tracks doesn't lose the band any profit, it would seem that posting them on the net would be less of a problem and more of a miracle. It's almost impossible to find them now a days, and there are people on the net who spend hours upon hours of time searching, me being one of them. At least this would make it easier on the next desperate user.
Hope this helped to shed some light on a few things! :)
John |
Post by TomG // Mar 18, 2008, 9:13am
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TomG
Total Posts: 3397
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Hi all,
I'd edit Mike's language there if I were you, for the sake of this family friendly board ;)
If you want to host a Linkin Park page on your site with LP background information and resources and tell people about it here, then that would be fine. However, where there is any uncertainty, we couldn't go ahead and have links direct to any files that may be copyright from here.
It does sound like (and I say sound like, I'm no legal eagle so this is not legal advice in any way!) it would be safe for someone to host these files. Sounds like (there's those words again) the copyright holders have given permission. So I leave that up to each website host and downloader to decide for themselves.
I'll still request that direct downloads are not provided here however, but for those interested in getting these files, that is useful information!
Thanks!
Tom |
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