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I've transcribed a lot of video game music in my lifetime, and am interested in making these sheet music transcriptions freely available for download on a website. I see that a lot of other websites have done this, such as Ichigo's Sheet Music or NinSheet Music.

I noticed that the above site, Ichigo's Sheet Music, states that the transcriptions and giving them away falls under Fair Use. Is that correct?

Specifically:

1) Are there any legal consequences to be concerned about with this practice if the transcriptions are given away for free?

2) Are there any legal consequences if I put ads on the website where the transcriptions are to be hosted?

I realize that a similar question has already been asked at the below link, but I did not find the answer that pertains to this specific case. Transcribing music and the legality of using musical transcription

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HSFlik
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2 Answers2

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That linked question has the answer. Transcriptions are derivative works of the original, thus the copyright owner reserves all rights to create and distribute transcriptions. Giving away for free does not matter. Imagine you wrote a book and were trying to sell it. What if I copied your book and started giving it away? You would sue to make me stop. I think your second question is done away by the answer to the first. Except that if you were sued for disgorgement damages (where you have to pay back your profits) the ad revenue would be a factor. (The other type of damages are called statutory damages, where it does not matter how much the copyright owner lost, the statute allows for $x of recovery, and it's a big number, like tens of thousands.)

jqning
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Yes, the copyright owners have the exclusive right to make or authorize making of derivative works, including transcribed music, subject to the limitations of "fair use", mandatory licensing of covers, and other statutory exemptions (such as performing non-dramatic works in public or in church for free). 17 USC §§ 106, 107, 110, 115...

There are possible civil damages, including (in the USA) statutory damages, and attorneys' fees, even if you don't make a dime on giving it away (e.g., $150,000 per song). 17 USC §§ 504, 505.

Finally, there are criminal laws that kick in when the amount of copyright revenue thwarted by unlawful copies reaches about $1,000 within 6 months. The "No Electronic Theft Act" made it a criminal copyright infringement, even if you do not personally profit from the unauthorized distribution. 17 USC § 506.

Of course, if the copyright owners don't care, nobody else does either. This is often the case with various forms of "fan art", within the limits of making profits from your unauthorized works without even acknowledging the original artists, or whatever happens to tick them off.

Upnorth
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