Originally posted by to the genesys:
Wouldn’t it be the case that if you use a midi file or a style that uses or tries to use the same type of sounds and accompaniment as the original song, even though the style or midi song does not have a melody, it will be copyright infringement?
No, at least under US copyright law. You can even use the song title, you just can't use the melody.
If I were to arrange a popular song today in to a midi file with out the melody and put it on the internet for sale, could I do so with out any legal implications?
Yes, at least under US copyright law.
Regarding styles, if the keyboard manufacturers can show that they have copyright to the styles, then I would think that they would have the right to prevent any modifications of the work. Don’t they have the right to control derivative works?
A derivative of something that is non-copyrightable is still non-copyrightable as far as I know.
Here's the real caveat: take arrangements as an example - they are not copyrightable in the US. So my arrangement of "As Time Goes By" cannot be copyrighted here, but it can be copyrighted in France where arrangements are recognized by copyright. The US has intellectual property right treaties with France so we are bound to recognize their laws and copyrights...so I can copyright my arrangements in France and they can be enforced here in the US.
It's possible that world-wide manufacturers such as Yamaha can claim the copyright protection of any country they sell to and force near-universal compliance through international treaties. For that reason, it may be possible that styles in arrangers are protected under international intellectual property rights, and thus the US. There had to be a catch, eh?
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