Bach's Original "Komm, susser Tod"
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Bach's Original "Komm, susser Tod"
Well, I'm assuming this mp3 is okay to post here because it's classical, and thus public domain, right?
Here's an mp3 of "Komm, susser Tod", written by Johann Sebastian Bach and performed by the Missouri All-State Orchestra. It's a live performance, so it features not only the song, but lots of coughing and sniffing in the background. Seriously, I half expected to hear a loud fart at one point. But, despite all the background tomfoolery, it's still a pretty poignant song.
Download here, you hideous fools
Here's an mp3 of "Komm, susser Tod", written by Johann Sebastian Bach and performed by the Missouri All-State Orchestra. It's a live performance, so it features not only the song, but lots of coughing and sniffing in the background. Seriously, I half expected to hear a loud fart at one point. But, despite all the background tomfoolery, it's still a pretty poignant song.
Download here, you hideous fools
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Re: Bach's Original "Komm, susser Tod"
NAveryW wrote:Well, I'm assuming this mp3 is okay to post here because it's classical, and thus public domain, right?
<snip>
ALL that would be considered intellectual property before the 20th century is in the public domain.
And even if this was not in the public domain, this would probably be considered OK, or what is called "fair use" legally speaking, since you are not looking to infringe upon the holder of the copyright and exploit the work for commercial use.
If something like your situation was considered "infringement", all fan-based material on things like AMV's, fanart and stuff could not exist!
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NAveryW wrote:But a lot of AMVs are considered infringement. Many of them had to be removed from various places because the companies that published the songs they used told them to...
It would depend upon whether the maker of the AMV hoped to exploit it for money-making purposes. Like the folks who sell pirated music or movies. Anything else should be considered barratry.
Re: Bach's Original "Komm, susser Tod"
THE Hal E. Burton 9000 wrote:NAveryW wrote:Well, I'm assuming this mp3 is okay to post here because it's classical, and thus public domain, right?
<snip>
ALL that would be considered intellectual property before the 20th century is in the public domain.
And even if this was not in the public domain, this would probably be considered OK, or what is called "fair use" legally speaking, since you are not looking to infringe upon the holder of the copyright and exploit the work for commercial use.
If something like your situation was considered "infringement", all fan-based material on things like AMV's, fanart and stuff could not exist!
Just to clear things up, Bach's music is in the public domain, but a modern RECORDING of it is copyrighted, in this case by the Missouri All-State Orchestra.
Posting a whole MP3 of a song is not fair use. Fair use could be using a 30-second clip when in the context of criticism or review.
Hah, technically all AMVs and fanart of professional anime shows and characters *are* copyright infringment. It's just that no one enforces them.
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Re: Bach's Original "Komm, susser Tod"
True.Otaprince wrote:Just to clear things up, Bach's music is in the public domain, but a modern RECORDING of it is copyrighted, in this case by the Missouri All-State Orchestra.
Not true if being done for non-commercial (not-for-profit) use.Posting a whole MP3 of a song is not fair use. Fair use could be using a 30-second clip when in the context of criticism or review.
Hah, technically all AMVs and fanart of professional anime shows and characters *are* copyright infringment. It's just that no one enforces them.
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Yeah, I couldn't listen to that. All the background tomfoolery drove me up the wall.
He was warrior and mystic, ogre and saint, the fox and the innocent, chivalrous, ruthless, less than a god, more than a man. There is no measuring Muad'Dib's motives by ordinary standards. In the moment of his triumph, he saw the death prepared for him, yet he accepted the treachery. Can you say he did this out of a sense of justice? Whose justice, then? Remember, we speak now of the Muad'Dib who ordered battle drums made from his enemies' skins, the Muad'Dib who denied the conventions of his ducal past with a wave of the hand, saying merely: "I am the Kwisatz Haderach. That is reason enough."
Re: Bach's Original "Komm, susser Tod"
THE Hal E. Burton 9000 wrote:True.Otaprince wrote:Just to clear things up, Bach's music is in the public domain, but a modern RECORDING of it is copyrighted, in this case by the Missouri All-State Orchestra.Not true if being done for non-commercial (not-for-profit) use.Posting a whole MP3 of a song is not fair use. Fair use could be using a 30-second clip when in the context of criticism or review.
Hah, technically all AMVs and fanart of professional anime shows and characters *are* copyright infringment. It's just that no one enforces them.
Many people think that "as long as it's non-commercial, it's not illegal," but this is totally wrong. Maybe that's what the law *should* be, but it's not the current law in the US. Anime companies choose not to enforce these copyrights against fans for business, not legal reasons. They know it would be bad for business to sue fans.
If you want a detailed answer, the commercial nature of the use is one of the so-called four prongs of fair use analysis. The others are the nature of the copyrighted work, the amount and substantiality of the portion used, and the effect of the use upon the potential market. Not-for-profit is only one prong and no single one is dispositive.
Last edited by Otaprince on Mon Nov 23, 2009 1:43 am, edited 1 time in total.
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