[HN Gopher] Happy Public Domain Day: Gershwin's "Rhapsody in Blu...
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       Happy Public Domain Day: Gershwin's "Rhapsody in Blue" Is Copyright
       Free
        
       Author : aaronbrethorst
       Score  : 115 points
       Date   : 2020-01-01 20:01 UTC (2 hours ago)
        
 (HTM) web link (hyperallergic.com)
 (TXT) w3m dump (hyperallergic.com)
        
       | TruffleLabs wrote:
       | Hugh Lofting, Doctor Dolittle's Circus is public domain! I read
       | that (and many other Lofting books) when I was 12ish. :)
        
       | lifeisstillgood wrote:
       | So, just intellectual curiosity, is there a software program that
       | could accept the original notes (arrangement?) for Rhapsody in
       | Blue and produce a passable rendition that I could then use on my
       | (non existent) YouTube documentary and I would not have to pay
       | Gherswin nor an orchestra for the audio recording?
       | 
       | I think I am looking for a whirlwind tour of audio copyright
        
         | TylerE wrote:
         | The commonly performed orchestral arrangement won't be public
         | domain for another 18 years - it didn't debut until 1942.
        
         | SquishyPanda23 wrote:
         | Others have answered, but in case it's not clear, for software
         | there are two steps.
         | 
         | If you have the notes in a machine-readable format, a midi
         | program can produce an audio recording of it. If you are
         | willing to pay, you can get very good samples and the quality
         | will be more than passable IMO.
         | 
         | Getting to a machine-readable format from a scan of sheet music
         | is separate issue. You can either manually enter the notes into
         | a computer (or pay someone on Fiverr), or there may be an ML
         | program that will turn sheet music into something a computer
         | can understand.
        
         | wolfgang42 wrote:
         | Yes, a MIDI synthesizer can take the score and convert it to
         | audio. (The discerning ear--or even an untrained one, if it's a
         | poor quality sythesizer--could tell the difference between that
         | and a live orchestra, of course, but that may not be a concern
         | for you.)
         | 
         | However, unless you transcribed the original sheet music to
         | MIDI yourself, the file may constitute an "original work" for
         | which there is a separate copyright[0], in which case you'd
         | still need an appropriate license for that. You'd also want to
         | make sure that the sound fonts the synthesizer is using are OK
         | as well.
         | 
         | Now that the original work is in the public domain, though, I
         | would expect that sooner or later there will be a CC-licensed
         | version of it on Wikimedia Commons or the YouTube Audio
         | Library, and you may want to just wait for that.
         | 
         | [0]: https://meta.wikimedia.org/wiki/Wikilegal/MIDI_Files
        
           | daniel_iversen wrote:
           | You can apparently use real recorded instrument sounds with
           | midi and music software, it's used for professional artists
           | too and some of the "instruments" are many GBs in size -
           | don't think a living soul could tell the difference.
        
           | lifeisstillgood wrote:
           | On a fairly serious note, how would I find out more of "how
           | to" nature - if for example I wanted to have a project with
           | my kids RaspberryPis and making music ?
        
             | wolfgang42 wrote:
             | Depends on what you're trying to do. If all you want is to
             | play back MIDI files adequately, Firefox or VLC can do that
             | just fine (I'm sure there are better dedicated software
             | synths as well). For making music on the computer, I know
             | there's a lot of software with different interfaces like
             | virtual keyboards, trackers, and programs where you can
             | drag-and-drop notes on a staff.
             | 
             | Since you're talking about the Raspberry Pi, maybe you're
             | looking for a hardware. In this case, you can get MIDI
             | piano keyboards that plug into the computer over USB (or
             | can be used standalone). These can both send MIDI data to
             | the computer and also receive it and play it with their
             | internal synthesizer. (If you go _really_ expensive, you
             | can get actual grand pianos with sensors and actuators
             | under each key, along with a subscription service that
             | gives you access to recordings by professional piano
             | players, replayable at your whim with exact dynamics so it
             | 's like they're in your living room.)
             | 
             | You can also build your own hardware and hook it up with a
             | microcontroller; I've had good experiences with the Teensy,
             | which is similar to an Arduino but can present itself to
             | the computer as a USB MIDI device so you can build whatever
             | creative/crazy instruments you want.
             | 
             | Should you come across a device with an actual MIDI port (a
             | big round DIN socket with 5 pins), it's just a serial
             | connection; you can get adaptors to convert them to USB.
        
           | crazygringo wrote:
           | Indeed -- transcribing sheet music into MIDI is generally not
           | going to be 100% automatic, whoever is doing it is going to
           | have necessary artistic choices to make -- what metronome
           | speeds do tempo descriptions convert to, how much longer will
           | a fermata hold, what levels of volume the different dynamic
           | markings will hold.
           | 
           | You _could_ take a  "pure" mapping of just the notes and
           | relative durations... but then you'd wind up with what would
           | essentially sound like a weird robotic "player piano" version
           | of the music at strange speeds that would be, well... pretty
           | bad.
        
             | Eric_WVGG wrote:
             | A player piano doesn't necessarily have to sound bad.
             | 
             | Back in 1993 Yamaha built a device that could read piano
             | rolls personally "recorded" by Gershwin by hand (he would
             | hammer them out for money in his spare time), and then
             | played back on a modern player piano. The resulting album
             | is one of my all-time favorite albums.
             | 
             | Yamaha still sells these "scans" (on 3.5" floppy!) for
             | their player pianos, and they could certainly be reverse
             | engineered, but I imagine they are considered derivative
             | works and covered by their own copyright.
             | 
             | https://apnews.com/fb3f8c3bc3305506f57120df0755f9d8
             | https://youtu.be/_kIpr6nSvjI
        
         | pdpi wrote:
         | You're looking for a midi something or another I think. You'll
         | have to take care that the midi file you use isn't itself
         | considered a creative work with its own copyright though (as
         | befits an arrangement)
        
         | duncan-donuts wrote:
         | I wonder how different it has to be. If you were to switch
         | around 2 notes in a couple phrases overall you'd probably end
         | up with more or less the same song. I don't know of anything
         | that would do it automatically. I'm more curious about the
         | subjectivity of what makes it different or not
        
           | flatiron wrote:
           | See vanilla ice verse queen. Da dun dun dun da dun dun dun.
        
         | ronyeh wrote:
         | To do it in the most legal way possible....
         | 
         | Look up the 1924 public domain arrangement in sheet music form.
         | 
         | Copy those notes into Musescore or an alternative.
         | 
         | Export the notes into MIDI.
         | 
         | Use Pianoteq to play the MIDI file. (It's one of the better
         | sounding virtual instruments out there.) You can export a WAV
         | file from Pianoteq.
         | 
         | Use this WAV file in your documentary on YouTube.
         | 
         | Prepare to get content ID'd by one of the big publishers
         | anyways. You will have to defend the claim with proof that your
         | audio is in the public domain.
         | 
         | I'm not a lawyer, but I happen to know a little about music
         | licensing.
        
           | TylerE wrote:
           | His audio, a new recording, would NOT be public domain. But
           | it would be HIS.
           | 
           | There is a vital difference between copyright of the
           | _written_ music and any particular recording of said music.
        
             | aperrien wrote:
             | Yes, but then you as an author can choose to place your own
             | performance in the public domain.
        
             | ronyeh wrote:
             | Yes you are correct. The audio recording any person
             | generates through the procedure I outlined above is now
             | copyrighted by that person, who may then choose to place it
             | in the public domain.
             | 
             | It's like if I recorded myself playing Fur Elise. The
             | recording I generate is owned by me, unless I release it to
             | the public domain.
        
       | jancsika wrote:
       | Gershwin's original version, or the version everyone knows that
       | was arranged by Grofe?
       | 
       | If it's only the original version, it'd be kind of fun to see AA
       | start using that instead. IIRC it's got an extra piano in the
       | rhythm section and a banjo chugging away, too.
        
       | bbanyc wrote:
       | The Gershwin estate was the other big force lobbying for the 1998
       | copyright extension, besides Disney of course.
       | 
       | I guess United Airlines doesn't have to pay royalties for its
       | theme song anymore.
        
         | cma wrote:
         | Is anything currently working its way through congress to
         | extend it again? Anything we can try and get ahead of?
        
           | slg wrote:
           | Considering the public domain is up to 1924 and Steamboat
           | Willie is from 1928, Disney is certainly going to start
           | pushing for an extension soon if they haven't already started
           | lobbying for specific legislation on the issue.
        
             | cortesoft wrote:
             | I bet they try something different this time than just an
             | extension... maybe some sort of "brand icon" exemption that
             | exempts any character who is strongly associated with a
             | brand from copyright expiration. They probably sense that
             | continuous extension isn't going to work forever.
        
               | TylerE wrote:
               | That'd fall under trademark law, no?
        
               | PBnFlash wrote:
               | Disney recently released some special edition gold fish
               | crackers with the Steamboat Willie design. They are
               | pushing for something.
        
               | anonymfus wrote:
               | That would probably be a violation of Berne Convention
               | because brands are national constructs and require
               | registration and convention requires copyright to exists
               | independently of national borders and without
               | registration.
        
           | Ronnie76er wrote:
           | I remember this article from a while ago (beginning of 2018),
           | saying the RIAA and MPAA was not actively pursuing anything
           | to extend it again: https://arstechnica.com/tech-
           | policy/2018/01/hollywood-says-i...
           | 
           | I didn't see anything refuting that in a short look around,
           | but maybe that's changed.
        
       | zozbot234 wrote:
       | More about Public Domain Day 2020 in the U.S.:
       | https://web.law.duke.edu/cspd/publicdomainday/2020/ (discussed at
       | https://news.ycombinator.com/item?id=21926233 )
        
       | ggm wrote:
       | King porter stomp! (*composed by Jelly Roll Morton) Mind you, I
       | like the Benny Goodman version better and it's still bound in ipr
        
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       (page generated 2020-01-01 23:00 UTC)