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#133787 11/15/11 09:06 PM
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Hi,

I'm a new (and very casual) user and I am studying law. I was talking to someone at school today and I mentioned that one can copyright their music containing the output of Band-In-A-Box. Fair enough, but then he asked me to what extent that goes. Could someone create a practice tracks CD and sell it using only the music created by Band-In-A-Box? What if someone took the generated solos and transcribed them and sold them in a book? Can someone take the Real Drums samples and put in an electronic drum machine that would be sold? Could someone take the Real Track music and put it in software to be sold? The end user agreement seems to cover the aspect of the program itself... the user interface and sounds it may make, graphics, etc. But I don't see Real Tracks/Real Drums specifically addressed. I am just curious.
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Hilary

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The Biab "demo" songs to their styles are copyrighted to PG Music.

If you generate an original song using their styles, melodists, soloists and real tracks, you own the copyright, I believe it is part of the "licensing" deal that comes with purchasing the software. It would be a nice gesture to include the real track artist / soloist in your "musician" description, but not legally necessary. That was what I was told by their support team when the real tracks came out.

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The following is based on my reading of the Band in a Box End User Agreement plus certain things that PGMusic has stated publicly:


Quote:

...Could someone create a practice tracks CD and sell it using only the music created by Band-In-A-Box?...




Yes. Any musical piece that uses the BiaB engine to create can be copyrighted by you. Whether or not your book sells well is a different story.


Quote:

What if someone took the generated solos and transcribed them and sold them in a book?




Since the generated music can be copyrighted by the program user, any transcription of same would be fair game as well.

Quote:

Can someone take the Real Drums samples and put in an electronic drum machine that would be sold?




No. That would constitute a violation of the End User Agreement.

Quote:

Could someone take the Real Track music and put it in software to be sold?




I don't know, simply because there is no definition given as to the *manner* in which RealTracks would be used and sold. Gut feeling is likely, "No" - especially so if the goal would be to duplicate what the RealTracks can accomplish for Band in a Box but in another software. I would then likely tell any developer with such an idea to first contact PGM directly and see if they can start a conversation about licensing possibilities, etc.




The end user agreement seems to cover the aspect of the program itself... the user interface and sounds it may make, graphics, etc. But I don't see Real Tracks/Real Drums specifically addressed. I am just curious.
Thank you,

Hilary




That which isn't spelled out directly in the End User Agreement may also be covered by Patents.

The above is just the way I, as a layman, understand it. I am not a lawyer.


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My understanding was much the same as Mac's.

When you start using the actual realtracks/realdrums recordings as a part of another engine, you get into the recording copyright of the tracks and their use in a whole different way than when used inside the program. They become part of another assembly. It's like taking a chunk of a program and re-using it without license, rather than using what *you* created with the licensed tools. Having the license for a specific use is key here.
This is just my layman understanding also.

That said, I have used the single drum samples from the realdrums files to augment tracks inside the PG product programs. Never thought about it, but I may have treaded into a gray area by using them as individual samples. But I did so inside PGMusic products. Wonder how Peter feels about that use? I suspect I am on the safe side of the line, since I did not create (or use) another engine to do so.

Last edited by rharv; 11/16/11 11:40 AM.

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Quote:


Quote:

Could someone take the Real Track music and put it in software to be sold?




I don't know, simply because there is no definition given as to the *manner* in which RealTracks would be used and sold. Gut feeling is likely, "No" - especially so if the goal would be to duplicate what the RealTracks can accomplish for Band in a Box but in another software. I would then likely tell any developer with such an idea to first contact PGM directly and see if they can start a conversation about licensing possibilities, etc.






Thank you very much for the responses. I find this interesting as I am taking class in copyright law at the moment.

Sorry to be a pain here but I have one last question... If a play-along CD of real-tracks audio can be marketed, why would there be an issue if the same audio were delivered via PC software? At what point does it accomplish what Band in a Box does?

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In my mind, it would depend on *how* the realtracks were delivered. If you had created something using PGProducts (a finished song for instance), it may be OK. However if you delivered the original realtrack recordings as part of a system it would be a whole different aspect. Those recordings are copyrighted. The new assembled parts of it would not be.
Just my opinion. It's in the 'use' license of the realtracks that would make the difference. We have license to use PGProducts to create something. Not license to resell their creations.


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You will also want to ask in class about trademarks (whether registered or not), and copyright of songs versus of performances.


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PG Music News
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Add updated printing options, enhanced tracks settings, smoother use of MGU and SGU (BB files) within PowerTracks, and more with the latest PowerTracks Pro Audio 2024 update!

Learn more about this free update for PowerTracks Pro Audio & download it at www.pgmusic.com/support_windows_pt.htm#2024_5

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The newest RealBand 2024 Build 5 update is now available!

Download and install this to your RealBand 2024 for updated print options, streamlined loading and saving of .SGU & MGU (BB) files, and to add a number of program adjustments that address user-reported bugs and concerns.

This free update is available to all RealBand 2024 users. To learn more about this update and download it, head to www.pgmusic.com/support.realband.htm#20245

The Band-in-a-Box® Flash Drive Backup Option

Today (April 5) is National Flash Drive Day!

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Note: the Band-in-a-Box® keychain is only included with flash drive backup copies, and cannot be purchased separately.

Handy flash drive tip: Always try plugging in a USB device the wrong way first? If your flash drive (or other USB plug) doesn't have a symbol to indicate which way is up, look for the side with a seam on the metal connector (it only has a line across one side) - that's the side that either faces down or to the left, depending on your port placement.

Update your Band-in-a-Box® 2024 for Windows® Today!

Update your Band-in-a-Box® 2024 for Windows for free with build 1111!

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Band-in-a-Box® 2024 Review: 4.75 out of 5 Stars!

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A few excerpts:
"The Tracks view is possibly the single most powerful addition in 2024 and opens up a new way to edit and generate accompaniments. Combined with the new MultiPicker Library Window, it makes BIAB nearly perfect as an 'intelligent' composer/arranger program."

"MIDI SuperTracks partial generation showing six variations – each time the section is generated it can be instantly auditioned, re-generated or backed out to a previous generation – and you can do this with any track type. This is MAJOR! This takes musical experimentation and honing an arrangement to a new level, and faster than ever."

"Band in a Box continues to be an expansive musical tool-set for both novice and experienced musicians to experiment, compose, arrange and mix songs, as well as an extensive educational resource. It is huge, with hundreds of functions, more than any one person is likely to ever use. Yet, so is any DAW that I have used. BIAB can do some things that no DAW does, and this year BIAB has more DAW-like functions than ever."

Convenient Ways to Listen to Band-in-a-Box® Songs Created by Program Users!

The User Showcase Forum is an excellent place to share your Band-in-a-Box® songs and listen to songs other program users are creating!

There are other places you can listen to these songs too! Visit our User Showcase page to sort by genre, artist (forum name), song title, and date - each listing will direct you to the forum post for that song.

If you'd rather listen to these songs in one place, head to our Band-in-a-Box® Radio, where you'll have the option to select the genre playlist for your listening pleasure. This page has SoundCloud built in, so it won't redirect you. We've also added the link to the Artists SoundCloud page here, and a link to their forum post.

We hope you find some inspiration from this amazing collection of User Showcase Songs!

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