AND if that person who legally recorded the tracks offers them free to the public, or to the public with restrictions, that is PERFECTLY FRIGGIN' LEGAL.
And that is your problem. You are assuming a hell of a lot. First, how do you know the tracks were legally recorded with full copyright release and public performance release (which they would be required to have to be placed on the original website)?
Next, although simply putting a public domain (if in fact, it truly is) piece of music on a website is arguably not a violation, it depends entirely on the source of the recording. Many public domain pieces have been and continue to be recorded by artists and performers who DO have copyright restrictions on their performance. And any such recording of the performance and subsequent use of said recording is a clear violation of copyright usage.
Now, since you refuse to learn anything of substance in this or your other posts, let's take a look at the ORIGINAL language of this particular poster.
We run a website for an actress, for just fans, no financial gain. I downloaded instrumental music in a MIDI file from the web, and we want to use that music on our site. Is that permitted without violating copyright?
Nowhere in the ORIGINAL post did the writer say the 'performed' the work in question, recording their own performance and then posted the results of that endeavor on their website. In fact, there is no mention of the source of the original music composition, or the fact that it was or was not in the public domain.
Quite a leap you made there.
So, since we don't know the ORIGINAL source of the music, the existance (if any) or copyright releases nor do we even know if the prooffered midi file was itself in violation of copyright laws, your assumptions only serve to make you seem like an ass.