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Band-in-a-Box for Windows
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I know people use BIAB for many different purposes.
Is it legal to make a bunch of backing tracks with BIAB (plug in a bunch of chord progressions) and then sell them on the internet as backing tracks (with no mention of BIAB)?
BIABguy
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Band-in-a-Box for Windows
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Yes!
Disclaimer: I am not a Lawyer so any legal trouble you get into, you're on your own....
Dan, BIAB2024, SoundCloud Win11, i7(12thGen), 32GB, 1TB SSD(M.2 NVMe SSD), 2TB Libraries, 1 TB(WD-Black), 2TB SSD(M.2 NVMe SSD)Data, Motu Audio Express, Keystation 61, SL88 Studio, Reaper
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Band-in-a-Box for Windows
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Yes!
Disclaimer: I am not a Lawyer so any legal trouble you get into, you're on your own.... Thanks Dan! Well I would like a more definitive answer if possible.  I don't have ambitions for doing this. But I just visited a website that is selling backing tracks and it is very obvious that BIAB was used as the engine to create the tracks. So I wondered...
BIABguy
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Band-in-a-Box for Windows
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My 2 cents
Contact PG Support for an answer.
DE
Win 10, 64 bit, love my Lenovo T420, BIAB 2019 (613), RB 2019 (2)
Short term memory is getting shorter.
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Band-in-a-Box for Windows
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been answered here many times before...what you create with BIAB is yours to do with as you see fit.
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Band-in-a-Box for Windows
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MY SONGS...Audiophile BIAB 2024
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Band-in-a-Box for Windows
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been answered here many times before...what you create with BIAB is yours to do with as you see fit. Thanks John, but this still doesn't answer the question really. "The arrangements made by Band-in-a-Box are yours, and your songs may be used freely as long as they don't infringe upon the intellectual property rights of others." Nor does the above in the FAQ that Noel mentioned. Using something freely (as in accompaniment live or at home) and selling something are two different things. I would like to hear if tunes created using BIAB can be *sold* for a profit online (or offline) to customers. Doing something "as I see fit" may not be legal.
BIABguy
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Band-in-a-Box for Windows
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Don't forget to take the question for the FAQ into account as well. It was...
"Are the songs that I create with BIAB copyrighted?"
MY SONGS...Audiophile BIAB 2024
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Band-in-a-Box for Windows
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been answered here many times before...what you create with BIAB is yours to do with as you see fit. Thanks John, but this still doesn't answer the question really. "The arrangements made by Band-in-a-Box are yours, and your songs may be used freely as long as they don't infringe upon the intellectual property rights of others." Nor does the above in the FAQ that Noel mentioned. Using something freely (as in accompaniment live or at home) and selling something are two different things. I would like to hear if tunes created using BIAB can be *sold* for a profit online (or offline) to customers. Doing something "as I see fit" may not be legal. That means any ORIGINAL song that is generated by PGMusic software can be freely copyrighted, posted and/or sold, i.e. no copyright issues. Any COVER song that is generated by PGMusic software can NOT be posted and/or sold because of copyright issues with others, BMI and song publishers or example. This is true with all DAWs also. You can not post, give away or sell any copyrighted song unless YOU PAY for that privilege.
Last edited by MarioD; 08/03/15 01:11 PM.
My goal this weekend is to move just enough each day so that no one pokes me to see if I'm dead or not.
64 bit Win 10 Pro, the latest BiaB/RB, Roland Octa-Capture audio interface, a ton of software/hardware
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Band-in-a-Box for Windows
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I don't know the answer, but I don't think selling backing tracks is the same as using an original song created in BIAB.
Just because another website appears to be doing the same thing doesn't constitute proof of legality.
The only thing I think I know is, you should START by getting the opinion of PG Music before you ever tried to sell anything. Add to that, be especially careful if the backing tracks are for copyrighted songs.
BIAB 2024 Win Audiophile. Software: Studio One 6.5 Pro, Swam horns, Acoustica-7, Notion 6; Win 11 Home. Hardware: Intel i9, 32 Gb; Roland Integra-7, Presonus Studio 192, Presonus Faderport 8, Royer 121, Adam Sub8 & Neumann 120 monitors
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Band-in-a-Box for Windows
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The only thing I think I know is, you should START by getting the opinion of PG Music before you ever tried to sell anything. Add to that, be especially careful if the backing tracks are for copyrighted songs.
Thanks Matt, good advice. Along the lines of what I was thinking. I'll call PG Music soon, just out of curiosity.
BIABguy
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Good luck. Post the answer here if it's OK with the company.
BIAB 2024 Win Audiophile. Software: Studio One 6.5 Pro, Swam horns, Acoustica-7, Notion 6; Win 11 Home. Hardware: Intel i9, 32 Gb; Roland Integra-7, Presonus Studio 192, Presonus Faderport 8, Royer 121, Adam Sub8 & Neumann 120 monitors
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Band-in-a-Box for Windows
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been answered here many times before...what you create with BIAB is yours to do with as you see fit. Thanks John, but this still doesn't answer the question really. "The arrangements made by Band-in-a-Box are yours, and your songs may be used freely as long as they don't infringe upon the intellectual property rights of others." Nor does the above in the FAQ that Noel mentioned. Using something freely (as in accompaniment live or at home) and selling something are two different things. I would like to hear if tunes created using BIAB can be *sold* for a profit online (or offline) to customers. Doing something "as I see fit" may not be legal. By all means ask PG (the second person answering your question suggested that!) I had similar questions in November 2012 and called and had the following conversation with PG. The "Q"s are me and the "A"s are PG! ------ Q. I am allowed to use BIAB songs with RealTracks in my music with no further compensation to anyone regardless of how I sell or distribute my music. is that correct? A. The arrangements made by Band-in-a-Box and RealBand are yours, and your songs may be used freely as long as they don't infringe upon the intellectual property rights of others. ------ Q. I am allowed to use BIAB songs with RealTracks in my music without providing credits to anyone (PG, the artists who played the RealTracks, etc.) regardless of how I sell or distribute my music. is that correct? Am I allowed to credit PG Music/BIAB on my CD if I want to? If yes, are there any guidelines I should follow? A. You are not required to credit PG Music or Band-in-a-Box on your CDs, but you can credit PG Music/Band-in-a-Box if you choose to. We don't have any specific guidelines for providing credits, though. ------ Q. Am I allowed to credit the artists who played the RealTracks on my CD if I want to? A. We actually request that you do not credit any RealTracks or MIDI Soloist artists in order to maintain the artist's creative integrity. ------
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Band-in-a-Box for Windows
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Apprentice
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Apprentice
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I'd think it would be the same as recording and selling an album. If it's an original song or Public Domain, you should be able to sell the backing track. If it's a copyrighted song, you can only sell the track if you have permission or pay a royalty.
Rich
Windows 10, 64 bit | BIAB 2019 PlusPak | Studio One 2 Artist
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Band-in-a-Box for Windows
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My advise is to get the opinion of a copyright lawyer.
When I started my BiaB aftermarket business back in 1992, the lawyer was what I thought was a big expense. But since I paid for it, I followed his advice to the letter.
Since then I've been audited twice by BMI and came out smelling like a rose. It was money well spent.
Anybody here can tell you what they believe is definitive advise, but unless they are qualified to give you legal advice, it's not worth the pixels they took up on your screen.
If you get sued, you have nothing to stand on.
However, if you have a paper from your lawyer giving you what he/she thought was proper legal advice, and you get sued, you have a better chance of getting out unscathed.
If you are going to go into business, believe me, the money will be well spent.
Insights and incites by Notes
Bob "Notes" Norton Norton Music
https://www.nortonmusic.com
100% MIDI Super-Styles recorded by live, pro, studio musicians for a live groove
& Fake Disks for MIDI and/or RealTracks
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Band-in-a-Box for Windows
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Like Bob said " get a copyright lawyer"
Also having a copyright/Music lawyer will not keep you from getting sued. It will surely help but nothing is fool proof.
Asking PG Music or any other company for that matter for permission to use something they own will do you no good unless it is in writing by a officer of the corporation. At least in United States law.
PG Music may advise you in good faith that they have no issue with something you want to do but that does not make it legal.
Consider this: Brent Mason recorded sessions for PG Music.
1. Did he sign a release to PG Music for his work?
2. Did he agree to the use of his name?
This list could go on for a very long time.
This is not about good guys or nice companies or making a few bucks making a backing track or a multi million dollar hit record using Band In A Box.
These are legal questions.
GET A LAWYER, and not just any lawyer, get a music business lawyer, and while you are at it get a pile of money to defend your actions in court when you do get sued.
Cheers,
Billy
EDIT: U.S. Code: Title 17 - COPYRIGHTS...13 Chapters...zillions of paragraphs written in legal language that no one even the lawyers fully understand...lol..go google this and read the whole thing and it will be quite clear why you need a LAWYER...lol..Oh and this is just United States law, not addressing international law or law in the country you live in...lol
Last edited by Planobilly; 08/04/15 05:44 AM.
New location, new environment, new music coming soon
Seize the moo-ment
If you feel like you’ve herd all these cow puns before, you probably have deja-moo
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Band-in-a-Box for Windows
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Good luck. Post the answer here if it's OK with the company. Thanks. Just called. According to the rep it is just as most here have been saying. PG Music allows you to sell songs that were made with their software (and not owe any money to PG Music), but others can sue you if you have infringed on their copyright (songs).
BIABguy
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Band-in-a-Box for Windows
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Like Bob said " get a copyright lawyer"
Also having a copyright/Music lawyer will not keep you from getting sued. It will surely help but nothing is fool proof.
Asking PG Music or any other company for that matter for permission to use something they own will do you no good unless it is in writing by a officer of the corporation. At least in United States law.
PG Music may advise you in good faith that they have no issue with something you want to do but that does not make it legal.
...GET A LAWYER, and not just any lawyer, get a music business lawyer, and while you are at it get a pile of money to defend your actions in court when you do get sued.
Billy makes some very good points above. As I said in my original post, I am not contemplating selling any BIAB produced songs online. I was just interested in knowing the score about the process, as I am certain songs I recently heard online were produced using BIAB and were being sold as backing tracks. I just thought to myself, "Well this is pretty easy peasy. Just type in the chords, render the songs and sell them for $x.00 a pop."
BIABguy
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BG, Something else to ponder is that chord progressions by themselves are not copyrightable. It is the melody of the song and signature riffs that occur that attract copyright. So to do a straightforward backing of, say, C F G7 C is not a problem. If the backing contains signature riffs that identify it as the particular backing of a specific song, then copyright has most likely been infringed. That's how I understand things, at least. Regards, Noel
MY SONGS...Audiophile BIAB 2024
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Band-in-a-Box for Windows
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BG,
Something else to ponder is that chord progressions by themselves are not copyrightable. It is the melody of the song and signature riffs that occur that attract copyright...
Regards,
Noel Yes that's very true too Noel. BTW I just listened to your recent song 'Just A Little After Midnight' and I found it very touching and straight from the heart. Congrats on a wonderful recording!
BIABguy
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Ask sales and support questions about Band-in-a-Box using natural language.
ChatPG's knowledge base includes the full Band-in-a-Box User Manual and sales information from the website.
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