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  1. #1
    John Navas
    Guest
    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




  2. #2
    Jack Zwick
    Guest

    Re: John's favorite ringtones

    In article <[email protected]>,
    "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.



  3. #3
    John Navas
    Guest

    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 <jzwick3[email protected]> wrote:

    >In article <[email protected]>,
    > "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>



  4. #4
    N Hamilton
    Guest

    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 <[email protected]>,
    >> "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>






  5. #5
    John Navas
    Guest

    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" <[email protected]_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 <[email protected]>,
    >>> "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>



  6. #6
    Scott Stephenson
    Guest

    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" <[email protected]_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 <[email protected]>,
    > >>> "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>






  7. #7

    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.




  8. #8
    ArchieLeach
    Guest

    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).



  9. #9
    Jack Zwick
    Guest

    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.



  10. #10
    Jack Zwick
    Guest

    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.



  11. #11
    Jack Zwick
    Guest

    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.



  12. #12
    Shaolin Superfly
    Guest

    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





  13. #13
    Scott Stephenson
    Guest

    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.





  14. #14
    Jack Zwick
    Guest

    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.



  15. #15
    Jack Zwick
    Guest

    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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