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- 01-04-2005, 02:34 AM #1John NavasGuest
I've packaged up and posted for download my 10 favorite polyphonic ringtones
that I've made for my Sony Ericsson Z600. All are small files of a little more
than 30 sec duration. They should also work on other current Sony Ericsson
handsets, as well as other current handsets from other manufacturers that
support polyphonic MIDI clips.
<http://j.navas.home.att.net/johns_ringtones.zip>
Calif Dreaming.mid
Flashdance.mid
Imperial March.mid
Man Woman.mid
Maple Leaf Rag.mid
Moon River.mid
Pretty Woman.mid
Rocky Fly.mid
Summertime.mid
TopGun Breath.mid
Enjoy!
--
Best regards, HELP FOR CINGULAR GSM & SONY ERICSSON PHONES:
John Navas <http://navasgrp.home.att.net/#Cingular>
› See More: John's favorite ringtones
- 01-08-2005, 06:38 AM #2Jack ZwickGuest
Re: John's favorite ringtones
In article <41deb514$1_3@aeinews.>,
"Sarf" <Sarfs_Account(at)Hotmail.com> wrote:
> http://j.navas.home.att.net/johns_ringtones.zip
I hope he's paid royalties on all of those, otherwise the RIAA and their
lawyers may come a calling.
- 01-08-2005, 11:25 AM #3John NavasGuest
Re: John's favorite ringtones
[POSTED TO alt.cellular.attws - REPLY ON USENET PLEASE]
In <[email protected]> on Sat, 08 Jan
2005 12:38:14 GMT, Jack Zwick <[email protected]> wrote:
>In article <41deb514$1_3@aeinews.>,
> "Sarf" <Sarfs_Account(at)Hotmail.com> wrote:
>
>> http://j.navas.home.att.net/johns_ringtones.zip
>
>I hope he's paid royalties on all of those, otherwise the RIAA and their
>lawyers may come a calling.
Knock yourself out. All are excerpts of MIDIs that presumably fall under the
Fair Use doctrine.
--
Best regards, HELP FOR CINGULAR GSM & SONY ERICSSON PHONES:
John Navas <http://navasgrp.home.att.net/#Cingular>
- 01-08-2005, 04:30 PM #4N HamiltonGuest
Re: John's favorite ringtones
That's a misunderstanding of the Fair Use provisions of Federal copyright laws.
Fair use applies to users of small amounts of copyrighted material primarily for educational use or critical commentary.
Fair Use absolutely does not allow plain folks to use copyrighted songs on their phones particularly when there is
a ligitimate commercial market selling these songs with rights that have been purchased by the ringtone vendors.
You no more have the right to use even a small amount of copyrighted song than a college student has the right
to download a full song for his personal, private enjoyment.
Will you get caught? No, of course not. But don't claim it's legal!
"John Navas" <[email protected]> wrote in message news:[email protected]...
> [POSTED TO alt.cellular.attws - REPLY ON USENET PLEASE]
>
> In <[email protected]> on Sat, 08 Jan
> 2005 12:38:14 GMT, Jack Zwick <[email protected]> wrote:
>
>>In article <41deb514$1_3@aeinews.>,
>> "Sarf" <Sarfs_Account(at)Hotmail.com> wrote:
>>
>>> http://j.navas.home.att.net/johns_ringtones.zip
>>
>>I hope he's paid royalties on all of those, otherwise the RIAA and their
>>lawyers may come a calling.
>
> Knock yourself out. All are excerpts of MIDIs that presumably fall under the
> Fair Use doctrine.
>
> --
> Best regards, HELP FOR CINGULAR GSM & SONY ERICSSON PHONES:
> John Navas <http://navasgrp.home.att.net/#Cingular>
- 01-08-2005, 05:12 PM #5John NavasGuest
Re: John's favorite ringtones
I respectfully disagree. Copyright law does allow people to use copyrighted
songs and performances on cell phones (absent a specific prohibition), just as
it allows them to make their own recordings. In addition, these are (a) MIDIs
with no performance copyright; (b) short clips, not entire songs; and (c) less
good than free clips on commercial download services.
Caveat: I am not a lawyer, and this is not legal advice -- consult your own
attorney.
p.s. Please don't switch posting styles (top vs bottom) in mid-thread -- it's
confusing, and considered a bit rude. Thanks.
In <[email protected]> on Sat, 08 Jan 2005
22:30:45 GMT, "N Hamilton" <no_spamham@no_spamnc.rr.com> wrote:
>That's a misunderstanding of the Fair Use provisions of Federal copyright laws.
>Fair use applies to users of small amounts of copyrighted material primarily for educational use or critical commentary.
>Fair Use absolutely does not allow plain folks to use copyrighted songs on their phones particularly when there is
>a ligitimate commercial market selling these songs with rights that have been purchased by the ringtone vendors.
>
>You no more have the right to use even a small amount of copyrighted song than a college student has the right
>to download a full song for his personal, private enjoyment.
>
>Will you get caught? No, of course not. But don't claim it's legal!
>
>"John Navas" <[email protected]> wrote in message news:[email protected]...
>> [POSTED TO alt.cellular.attws - REPLY ON USENET PLEASE]
>>
>> In <[email protected]> on Sat, 08 Jan
>> 2005 12:38:14 GMT, Jack Zwick <[email protected]> wrote:
>>
>>>In article <41deb514$1_3@aeinews.>,
>>> "Sarf" <Sarfs_Account(at)Hotmail.com> wrote:
>>>
>>>> http://j.navas.home.att.net/johns_ringtones.zip
>>>
>>>I hope he's paid royalties on all of those, otherwise the RIAA and their
>>>lawyers may come a calling.
>>
>> Knock yourself out. All are excerpts of MIDIs that presumably fall under the
>> Fair Use doctrine.
--
Best regards, HELP FOR CINGULAR GSM & SONY ERICSSON PHONES:
John Navas <http://navasgrp.home.att.net/#Cingular>
- 01-08-2005, 05:34 PM #6Scott StephensonGuest
Re: John's favorite ringtones
You're worng on this one, John. The copyright is held by the songwriter (or
his assigned agent) and is on the song, not the performance. Permission
must be obtained to perform, record or use the song for profit, and the
copyright holder does have the right to determine unwanted uses of their
material. There is no exclusion for cellular phones, and legitimate
ringtones do result in royalty payments to the artist.
What you are doing does not come close to being copyright legal. The
recordings you are using (regardless of format) were not authorized by the
copyright holder of the song. To distribute these without permission is
wrong. And before you start the "small clip" argument, two paragraphs
copied out of a novel is still plaigerism.
"John Navas" <[email protected]> wrote in message
news:[email protected]...
> I respectfully disagree. Copyright law does allow people to use
copyrighted
> songs and performances on cell phones (absent a specific prohibition),
just as
> it allows them to make their own recordings. In addition, these are (a)
MIDIs
> with no performance copyright; (b) short clips, not entire songs; and (c)
less
> good than free clips on commercial download services.
>
> Caveat: I am not a lawyer, and this is not legal advice -- consult your
own
> attorney.
>
> p.s. Please don't switch posting styles (top vs bottom) in mid-thread --
it's
> confusing, and considered a bit rude. Thanks.
>
> In <[email protected]> on Sat, 08 Jan 2005
> 22:30:45 GMT, "N Hamilton" <no_spamham@no_spamnc.rr.com> wrote:
>
> >That's a misunderstanding of the Fair Use provisions of Federal copyright
laws.
> >Fair use applies to users of small amounts of copyrighted material
primarily for educational use or critical commentary.
> >Fair Use absolutely does not allow plain folks to use copyrighted songs
on their phones particularly when there is
> >a ligitimate commercial market selling these songs with rights that have
been purchased by the ringtone vendors.
> >
> >You no more have the right to use even a small amount of copyrighted song
than a college student has the right
> >to download a full song for his personal, private enjoyment.
> >
> >Will you get caught? No, of course not. But don't claim it's legal!
> >
> >"John Navas" <[email protected]> wrote in message
news:[email protected]...
> >> [POSTED TO alt.cellular.attws - REPLY ON USENET PLEASE]
> >>
> >> In <[email protected]> on Sat, 08
Jan
> >> 2005 12:38:14 GMT, Jack Zwick <[email protected]> wrote:
> >>
> >>>In article <41deb514$1_3@aeinews.>,
> >>> "Sarf" <Sarfs_Account(at)Hotmail.com> wrote:
> >>>
> >>>> http://j.navas.home.att.net/johns_ringtones.zip
> >>>
> >>>I hope he's paid royalties on all of those, otherwise the RIAA and
their
> >>>lawyers may come a calling.
> >>
> >> Knock yourself out. All are excerpts of MIDIs that presumably fall
under the
> >> Fair Use doctrine.
>
> --
> Best regards, HELP FOR CINGULAR GSM & SONY ERICSSON PHONES:
> John Navas <http://navasgrp.home.att.net/#Cingular>
- 01-08-2005, 07:43 PM #7Guest
Re: John's favorite ringtones
John wrote:
> I respectfully disagree.
Please, read about fair use. The "small size" component is only one of
a number of necessary parts for fair use to apply. Your use does not
satisfy any of the other components of fair use.
http://fairuse.stanford.edu/Copyrigh...er9/index.html
> Copyright law does allow people to use copyrighted
> songs and performances on cell phones (absent a
> specific prohibition), just as it allows them to make
> their own recordings
I must be missing something here. Does this count as a prohibition:
US Code Title 17 Chapter 1 Section 106:
Subject to sections 107 through 122, the owner of copyright under this
title has the exclusive rights to do and to authorize any of the
following:
(1) to reproduce the copyrighted work in copies or phonorecords;
> In addition, these are
> (b) short clips, not entire songs;
The length only comes in to play with fair use exemptions. Since your
use does not meet with any of the other fair use criteria, length is
irrelevant.
> and (c) less good than free clips on commercial download services
Do you think that a pirate video tape vendor would get away with the
argument that their video was obviously of inferior qualiity, and thus
didn't interfere with the marketability of the original?
Do I care that people are distributing low quality renditions of
sections of songs without permission? Not in the slightest. I have no
problem with it. I just don't want people to think that it's actually
legal.
- 01-08-2005, 08:33 PM #8ArchieLeachGuest
Re: John's favorite ringtones
[email protected] wrote in
news:[email protected]:
> I must be missing something here. Does this count as a prohibition:
> US Code Title 17 Chapter 1 Section 106:
> Subject to sections 107 through 122, the owner of copyright under this
> title has the exclusive rights to do and to authorize any of the
> following:
> (1) to reproduce the copyrighted work in copies or phonorecords;
The "copyrighted work" referred to in this part of the US Code is a
specific recorded performance.
For example, Irving Berlin wrote "White Christmas" and Bing Crosby
recorded it for RCA. The law you cite refers to Crosby's recorded
performance, and the "owner of copyright" is RCA (now BMG). BMG could not
use that law to prosecute the creator or distributor of an unauthorized
midi file of "White Christmas". Now, if you distributed a wav or mp3
ripped from a CD of Bing's performance, BMG theoretically could take
action.
Irving Berlin's publisher or estate - whoever presently owns the
publishing rights to "White Christmas" - likely *could* pursue a claim if
so inclined, if the creator of the midi file didn't either specifically
pay a royalty for using the song, or hasn't paid for ASCAP or BMI
membership in order to cover the distribution of royalties to composers &
lyricists.
Of course, cell-phone ringtones would probably be considered "personal
use" rather than "public performance", so the likelihood of legal action
is low. Consider that neither brides, disc jockeys nor hotels need to pay
ASCAP/BMI/RIAA royalties for wedding receptions (for events that are open
to the public, the venue or event producer is responsible for royalty
issues).
- 01-08-2005, 10:19 PM #9Jack ZwickGuest
Re: John's favorite ringtones
In article <[email protected]>,
ArchieLeach <[email protected]> wrote:
> [email protected] wrote in
> news:[email protected]:
>
> > I must be missing something here. Does this count as a prohibition:
> > US Code Title 17 Chapter 1 Section 106:
> > Subject to sections 107 through 122, the owner of copyright under this
> > title has the exclusive rights to do and to authorize any of the
> > following:
> > (1) to reproduce the copyrighted work in copies or phonorecords;
>
> The "copyrighted work" referred to in this part of the US Code is a
> specific recorded performance.
>
> For example, Irving Berlin wrote "White Christmas" and Bing Crosby
> recorded it for RCA. The law you cite refers to Crosby's recorded
> performance, and the "owner of copyright" is RCA (now BMG). BMG could not
> use that law to prosecute the creator or distributor of an unauthorized
> midi file of "White Christmas". Now, if you distributed a wav or mp3
> ripped from a CD of Bing's performance, BMG theoretically could take
> action.
>
> Irving Berlin's publisher or estate - whoever presently owns the
> publishing rights to "White Christmas" - likely *could* pursue a claim if
> so inclined, if the creator of the midi file didn't either specifically
> pay a royalty for using the song, or hasn't paid for ASCAP or BMI
> membership in order to cover the distribution of royalties to composers &
> lyricists.
>
> Of course, cell-phone ringtones would probably be considered "personal
> use" rather than "public performance", so the likelihood of legal action
> is low. Consider that neither brides, disc jockeys nor hotels need to pay
> ASCAP/BMI/RIAA royalties for wedding receptions (for events that are open
> to the public, the venue or event producer is responsible for royalty
> issues).
But if they are posted on web site for others to use, the RIAA is very
interested in such occurances.
- 01-08-2005, 10:40 PM #10Jack ZwickGuest
Re: John's favorite ringtones
Jack Zwick answered:
> In article <[email protected]>,
> ArchieLeach <[email protected]> wrote:
>
>
>>[email protected] wrote in
>>news:[email protected]:
>>
>>
>>>I must be missing something here. Does this count as a prohibition:
>>>US Code Title 17 Chapter 1 Section 106:
>>>Subject to sections 107 through 122, the owner of copyright under this
>>>title has the exclusive rights to do and to authorize any of the
>>>following:
>>>(1) to reproduce the copyrighted work in copies or phonorecords;
>>
>>The "copyrighted work" referred to in this part of the US Code is a
>>specific recorded performance.
>>
>>For example, Irving Berlin wrote "White Christmas" and Bing Crosby
>>recorded it for RCA. The law you cite refers to Crosby's recorded
>>performance, and the "owner of copyright" is RCA (now BMG). BMG could not
>>use that law to prosecute the creator or distributor of an unauthorized
>>midi file of "White Christmas". Now, if you distributed a wav or mp3
>>ripped from a CD of Bing's performance, BMG theoretically could take
>>action.
>>
>>Irving Berlin's publisher or estate - whoever presently owns the
>>publishing rights to "White Christmas" - likely *could* pursue a claim if
>>so inclined, if the creator of the midi file didn't either specifically
>>pay a royalty for using the song, or hasn't paid for ASCAP or BMI
>>membership in order to cover the distribution of royalties to composers &
>>lyricists.
>>
>>Of course, cell-phone ringtones would probably be considered "personal
>>use" rather than "public performance", so the likelihood of legal action
>>is low. Consider that neither brides, disc jockeys nor hotels need to pay
>>ASCAP/BMI/RIAA royalties for wedding receptions (for events that are open
>>to the public, the venue or event producer is responsible for royalty
>>issues).
>
>
> But if they are posted on web site for others to use, the RIAA is very
> interested in such occurances.
But then again, everyone knows I LOVE sucking cock.
- 01-09-2005, 09:15 AM #11Jack ZwickGuest
Re: John's favorite ringtones
ArchieLeach answered:
> Jack Zwick <[email protected]> wrote in news:jzwick3-
> [email protected]:
>
>
>>But if they are posted on web site for others to use, the RIAA is very
>>interested in such occurances.
>
>
> Repeat after me: RIAA can NOT sue over MIDI files. RIAA can NOT sue over
> MIDI files. RIAA can NOT sue over MIDI files. RIAA can NOT sue over MIDI
> files. RIAA can NOT sue over MIDI files.....
Yeah, but you know me. I'm SO enamoured with Navas, I'll think of
ANYTHING just to be around him. I'm hoping one day my dream comes true,
of having anal sex with him. On the RECEIVING end.
- 01-09-2005, 09:45 AM #12Shaolin SuperflyGuest
Re: John's favorite ringtones
"Scott Stephenson" <[email protected]> wrote in message
news:[email protected]...
> You're worng on this one, John.
He's "wrong" on at least half the pablum he spews across usenet daily.
--
SS
- 01-09-2005, 10:15 AM #13Scott StephensonGuest
Re: John's favorite ringtones
"ArchieLeach" <[email protected]> wrote in message
news:[email protected]...
> Jack Zwick <[email protected]> wrote in news:jzwick3-
> [email protected]:
>
> > But if they are posted on web site for others to use, the RIAA is very
> > interested in such occurances.
>
> Repeat after me: RIAA can NOT sue over MIDI files. RIAA can NOT sue over
> MIDI files. RIAA can NOT sue over MIDI files. RIAA can NOT sue over MIDI
> files. RIAA can NOT sue over MIDI files.....
And then try this one- RIAA doesn't own the copyright. RIAA doesn't own the
copyright. RIAA doesn't own the copyright.... The Copyright owner of the
song CAN sue over midi files. The Copyright owner of the song CAN sue over
midi files. The Copyright owner of the song CAN sue over midi files. The
Copyright owner of the song CAN sue over midi files.
- 01-09-2005, 10:30 AM #14Jack ZwickGuest
Re: John's favorite ringtones
Shaolin Superfly answered:
> "Scott Stephenson" <[email protected]> wrote in message
> news:[email protected]...
>
>>You're worng on this one, John.
>
>
>
> He's "wrong" on at least half the pablum he spews across usenet daily.
>
For someone who ****s his own pants on a daily basis, shouldn't you be
out buying DEPENDS instead of verbally spewing diarhea.
- 01-09-2005, 10:30 AM #15Jack ZwickGuest
Re: John's favorite ringtones
In article <[email protected]>,
ArchieLeach <[email protected]> wrote:
> Jack Zwick <[email protected]> wrote in news:jzwick3-
> [email protected]:
>
> > But if they are posted on web site for others to use, the RIAA is very
> > interested in such occurances.
>
> Repeat after me: RIAA can NOT sue over MIDI files. RIAA can NOT sue over
> MIDI files. RIAA can NOT sue over MIDI files. RIAA can NOT sue over MIDI
> files. RIAA can NOT sue over MIDI files.....
Keep telling yourself that. Maybe it will come true one day.
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