OT: etiquette for using others' midi files?

Is there proper etiquette or procedure for using midi files offered on the internet - for demo purposes? If I used a midi file, created by someone else and offered for free on the internet, for a Youtube or Myspace presentation, should I first track down the author and ask permission? Or, does the fact that the file was offered on the internet infer that I could use it for demo purposes? I could understand if I used a file to make money, I would be obligated to at least pay a fee to the author.
Ciao,
Jerry

I think what is important is, who is the LEGAL owner? The person that posted it on the internet "for free" may not be the creator or legal owner. If it's the usual homemade piece of garbage, I wouldn't worry too much about it, but if it's obviously commercial quality, I'd be more concerned. In most cases, the most that will happen is that the 'legal owner' will ask you to take it down.

chas

I don't disagree with anything chas wrote, but sometimes these MIDI files are listed in dozens of MIDI hub sites.

You might not be able to figure out who it really belongs to, even though you want to...


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Bill in Dayton

Check the file info and the properties. Also load the midi into a sequencer and see if the owner's name comes up that way. Very often that info is part of a track.

Very little that is posted on Youtube has ANY legal right to be there... Just about every music clip up there has no permission from author or publishing or record company.

It's only going to be an issue if you use commercial SMF tracks for a commercial CD release, and even there it is poorly policed. Let's face it, few SUCCESSFUL label releases are ever going to use a commercial SMF as backing, and if you sell them out of your car trunk or private website, their monetary value is going to be less than the cost of litigating.

The main thing I've seen the SMF people (Tune1000, etc.) do is go after sites that offer their SMF's up wholesale, as this impacts what they DO make. I don't think I've ever heard of a case of them suing someone that used their SMF to make a hit record!

Cassp is right... if you find a copyright in the file's properties, and want to be strictly legit if you are selling CD's, you can always buy it from them, and you are good to go.

But if you just want to post a demo on YouTube, I doubt this is an issue...