[ Our new member Johnny Lite wrote to Tim Baxter: ]

> Thanks for your articles about copyrights.  If you have any info on
> the following would appreciate it ...
>
> I have heard some CDs of Eubie Blake's blues-rags (three hand-
> arranged rolls owned and recorded by Mike Montgomery for Biograph).
>
> I am in the (tedious) process of learning some of these pieces.
> I have never even owned a piano roll, but am using my ears.  Natu-
> rally, and I do mean that, the third hand is gone in my version.  To
> whom might I owe copyrights if I were to include my performance of
> these blues-rags on my own CD?
>
> If the rolls really were hand-played, then can I infringe on the
> piano-roll company's arrangement copyright?, or is it just an
> infringement on Eubie's performance arrangement, and/or the com-
> posers of the songs he played (Bradford, Brown, Morgan, etc)?  After
> all, I am playing the piece as a two-handed human can, without the
> third hand arrangement, and all that remains belongs to Eubie and the
> composer.
>
> Thanks for any insight ...
>
> Regards, Johnny
>
> PS.  New to MMD, so I don't really know the procedure of posting
> to you through MMD ...  If you want you can forward this note to MMD.
> Thanks again
>

(Robbie and Jody:  Feel free to include the following colloquy in the
next MMD.  Best regards, Tim)


Dear Johnny:  Being a lawyer, I'm reluctant to get into specific
situations, because I am then "giving legal advice", and setting myself
up for all sorts of problems.

That being said, and with your understanding that I am NOT offering
formal legal advice, and that we don't have a attorney/client
relationship, I would say as follows:

When were the three hand arrangements done?  I'm not familiar with the
"Biograph" label.  If the Eubie Blake roll performances were "fixed"
prior to February 15, 1972, you're probably okay with respect to the
performance copyright issue.  If after, there might be a performance
copyright issue.  I also couldn't say who the owner of the performance
copyright is; it would depend on the agreement (if any) between Mike
Montgomery and Eubie.

There is also the question of whether a piano roll performance might
also constitute a copyrightable "arrangement" of a song.  I offer no
opinion on this, but some roll manufacturers think it might (i.e.,
unlike a phono record or CD, the unique medium of a paper piano roll
facilitates an easy transcription of the music to a written arrange-
ment).  Arrangements (assuming they are unique enough to be worthy of
copyright protection -- which is difficult to prove at trial) enjoy the
same protection as a wholly new composition: the author's life plus
75 years.

In short, I'd probably try to contact Mike Montgomery and get
permission, irrespective of the "legality" issues.  There are not that
many folks in the player piano world, and we need to stay friendly and
respectful of each other.

Best regards,

Tim Baxter
Meliora Music Rolls
Atlanta, GA