copyright licensing music public-domain
Can I use public domain MIDI files commercially?
<p>Lets say I made professional music with the hope of selling them from public domain MIDI files. The files would have been modified slightly with the notes arranged slightly differently. Would that be legal?</p>
<p>Are the files from <a href="http://midi.music.arizona.edu/" rel="nofollow noreferrer">this site</a> legal?</p>
<p>To clarify, I took the files off of this site, put then into GarageBand, changed the instrument the files were playing, and then looped a ten second clip of it adding drums, bass, etc. I moved the clips around to create my own spin on the files.</p>
<p>Please note: I am aware of the definition of “public domain” and what it means if something is in it.</p>
<p>I live in the US</p>

<h2>These files are not public domain</h2>
<p>Read it carefully, it only says “public domain musical compositions in a MIDI (Musical Instrument Digital Interface) file format.”</p>
<p>The <em>compositions</em> are public domain, the MIDI files aren’t - they are a derivative work (a translation) covered by their own copyright. Specifically, “© Copyright 2001 University of Arizona. All rights reserved” right next to a big “Contact us” link. Literary and artistic works that are derived (legally) from existing works have independent copyright even if the original no longer does. Mozart, for example, did not write his compositions in MIDI format.</p>
<p>Now, it may be the intention of the University of Arizona that you can use it but, if so, they have not made this clear. It’s possible that the authors (mistakenly) thought that because the originals were public domain, their derivatives would be too. The music school should have talked to  someone from the law school.</p>
<p>All of the purposes that they talk about on the “Purpose” page are equally applicable to widely licensed (e.g. everyone) or narrowly controlled (e.g. staff of the University).</p>
<p>Overall, a prudent person would assume that these works are copyright of the University of Arizona and can’t be used without permission or a fair use exemption. Your proposed usage is not fair use.</p>
<p>However, there is a big “Contact us” link on every page so you can always ask for permission.</p>
