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Say, I bought a piano sheet from a youtuber in websites like mymusicsheet. I made some rearrangement to it or not, (does this make any change?) then I uploaded a video playing it in youtube and monetized it.

Is this illegal?

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  • What's the music? Do you know whether the sheet music you bought from the website was legal?
    – phoog
    Commented Feb 8, 2023 at 22:23
  • @phoog Actually, I doubt that too.
    – Michael
    Commented Feb 9, 2023 at 0:56

2 Answers 2

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Publicly performing a work is one of the rights protected by copyright. Doing so, particularly for money, without authorization would be copyright infringement.

It is possible to obtain authorization via a mechanical license. This is a license created by statute. In US law this is covered by 17 USC 115. That section provides that when a musical work has already been recorded and placed on sale or offered to the public, another person may send a notice of intention to make and distribute recordings to the copyright owner, or the copyright office if the owner is not known. The person must pay a royalty established by the law, and comply with various other conditions.

Or permission may be obtained from the copyright owner or the owner's agent, often for a fee.

In the absence of such authorization or permission, making and distributing recordings of performances of the musical work is infringement, and the copyright owner may sue and collect damages.

The site, MyMusicSheet, includes a TOS document that implies that rights are granted to the user when music is purchased. But this document is not at all clear on just what rights are purchased with the sheet music. In particular, it does not say if the purchase includes a license to perform the music, and if so, if it includes doing so commercially. Perhaps after one signs up with the service, more detailed information is provided.

If the purchase includes a license to perform the work commercially, and to distribute recordings of such performances, all would be well. If not, doing so might well be copyright infringement unless the user goes through the steps to obtain a mechanical license, or gets permission from the copyright owner directly.

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  • "it does not say if the purchase includes a license to perform the music": it surely does not include such a license.
    – phoog
    Commented Feb 8, 2023 at 22:43
  • @phoog there are words in the TOS that imply a license, although they are not clear. Commented Feb 8, 2023 at 22:51
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It does not seem to be possible to determine if it would be legal from that site, since I guess you have to make a purchase and then see if you purchased a license. It would be legal if you obtained a license to perform the work (and to re-arrange if that's what you also want to do), and then it would depend on whether the license stipulates only non-commercial performances. As usual, it depends on what the license says: if the license doesn't say, then it is illegal.

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  • The license could also be fraudulent, or at least worthless, for example if the sheet music is an arrangement of a copyright protected song but the licensor does not have authority to license the underlying copyright or indeed of the arrangement itself was unlicensed.
    – phoog
    Commented Feb 8, 2023 at 22:43

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