What are the laws on MIDI file usage?

Question

To what extent are you able to use downloaded MIDI files?
Are you alowed to edit a downloaded MIDI file to your liking?
Are you alowed to use a downloaded and/or modified MIDI file for live performances?

Edit:

Are you allowed to use a downloaded and/or modified midi file for live performances that you get paid for?

Answer 1

First, you should consider that a MIDI file is an arrangement of a song, the song itself is copyrighted by the song writer. Any arrangement of that song, by MIDI or otherwise, is also covered by the copyright of that songwriter. If you use a song, or any arrangement of a song, in a paid performance you legally owe the copyright owner a royalty. Technically, the owner may also require his permission before you perform the song even if you were not paid for the performance.

Second, the arrangement of any song is also copyrighted by the writer of the arrangement. So the person who made the MIDI arrangement may also charge a royalty. Whether or not he gets to keep that royalty depends on the agreement between him and the song writer.

Editing a MIDI file is the same as making an arrangement of a song, the original writer may require that you have his permission before you make an arrangement, and the original song writer would be owed a royalty. If you substantially change a downloaded file you might get away with claiming it as your own arrangement, but if it remains quite similar to the original file, you may also owe the arranger of that file a royalty. There will obviously be similarities between any two arrangements of the same song, so it is up to a court to decide if they are substantially different.

Having said that, hardly anyone ever pays that royalties except for big name acts because most small acts figure the copyright owners will never find out about it.

Answer 2

Depends on the license on the original file.

If you don't know, you better NOT use it, else you may get sued.