This is how I explain this complex subject to friends.  The
issues include (1) composer copyright, (2) arranger's or
performer's copyright, and (3) publisher's format copyright.

Suppose I publish a piano roll of my performance of "St. Louis
Blues"; the song has passed into public domain so composer royalties
aren't necessary.  But I hold copyright to my musical arrangement,
whether on piano roll or a MIDI file, etc., and so you must license
the performance from me if you use it on your audio recording or
when your instrument is played at a public performance for profit.

Your license to play the roll for your own entertainment is implicit
in your purchase of my piano roll or the MIDI file.  If someone gives
you an unauthorized copy of the piano roll or the MIDI file you don't
receive an implied license for anything; you are receiving stolen
property (you are in violation of the law) or a counterfeit product
(the seller is violating the law).

Recall that the labels of phonograph records used to say "Licensed
only for home entertainment."  If the record is played on a juke box
in a saloon, then license for public performance must be obtained
from a clearing house such as ASCAP.  The 1976 Copyright Act says that
piano rolls and MIDI files are treated under law as the same as audio
(phono) recordings.

The format copyright is best illustrated by Jody's copyright of
Mechanical Music Digest and the MMD web site.  Anyone who wishes
to copy MMD articles or entire web pages, for republication in print
or at another web site, must receive permission (i.e., license) from
MMD (and also from the author of the article).

QRS Music Technologies, Inc., of Buffalo, NY, claims to hold arranger's
and format copyright to many of the piano rolls issued by other firms
doing business since the birth of the player piano.  For example,
today's QRS might revive an old label like "U.S. Music" for re-issuing
65-note arrangements.  Their claim to the copyright is based on the
purchases, by Max Kortlander and others, of the remaining assets and
goodwill of the earlier companies.  Therefore those who recut old piano
rolls these days should check the copyright status with QRS and request
license to republish.  I understand that QRS normally grants license
without a fee.

The copyright situation of music rolls for nickelodeons and band
organs and orchestrions is confusing, as Matthew Caulfield illustrated
in his discussion of B.A.B. rolls.  Many of the B.A.B. arrangements were
made by J. Lawrence Cook in the 1930s and it's not known who holds the
arrangement copyright, be it Cook's estate or the Brugnolotti family or
Gavin McDonough.

Here are examples of copyright questions which puzzle collectors and
showmen and maybe the claimants, too:

1. Keystone Music Rolls possesses original Ampico perforators and a
few original Ampico master rolls from the 1930s.  Can Keystone claim
ownership of the music roll copyrights held long ago by the American
Piano Company (Ampico)?  If so, are other firms who recut (duplicate)
old Ampico piano rolls violating a valid copyright held by Keystone?

2. Don Rand, of Thomaston, Maine, conducts business as Clark Music
Rolls and sells recuts of vintage nickelodeon rolls made by firms
which expired long ago.  Can he claim format copyright on his product,
which he offers as an (essentially) identical copy of the old original
music roll?

3. Who holds the arranger's copyright (and therefore the performance
copyright) of the music played on a recut music roll?

It's no wonder that copyright lawyers have plenty of work!

Robbie Rhodes