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#391842 01/23/17 04:02 AM
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So, you decided to write a song and asked someone, or even several other people, to be a part of the project. Great idea, the whole "sum is greater than the parts" thing, and so everyone charges full speed ahead into the song project and in no time the song is written and ready to go. Everyone's happy and life is about to become wonderful........(insert sound of needle scratching across a record).......You might want to slow down and rethink a few things.

Did you cover all your bases? Did you get everything in writing? How about anything in writing? No...? You say it's just a song for fun, and nothing will ever come from it. How sure are you about that? What if the other person takes that song and places it into a commercial use and takes all the royalties? What if they claim they wrote it alone?

Once you write a song with someone, it's really very similar to a marriage with kids because you both have created something new that didn't exist before and you both have an ownership stake in it. Unlike a marriage in many respects, you don't get to reclaim the other party's share if they pass away. You can suddenly be faced with in-laws who have just become your partner in the song because they inherited it. So for this and so many other reasons, it is to your advantage to have the deal written down so that everything is understood before the writing begins.

You should have the following information in a unique writer's agreement for each song written in a collab, and after everyone finishes signing it, a copy should be given to each participant in the collaboration.

TITLE OF THE SONG (if you know it at that point)

1) Each writer’s name

2) Each writer's current physical and mailing address.

3) Each writer’s e-mail address

4) Each writer’s phone number

5) Each writer’s PRO (ASCAP,BMI,SESAC,SOCAN, etc) – even if they change e-mail addresses and phone numbers, you can track down almost any writer through their PRO. Because we all want to get paid, we make sure they have our correct info. Also get their PRO publishing name if they have a publishing company set up through their PRO or if they are already signed to a publisher. And this includes their CAE/IPI number.

6) The date on which the song was completed. The DOC or date of completion

7) The agreed-upon split for the song with each writer’s signature

8) The projected use or restrictions on use of the finished song, including who has the right to promote it and who pays the costs associated with such promotion/demo.

9) Copyright issues and costs.


Ideally, you should have a unique written agreement for each and every song you write together. I do have a unique agreement on many of the songs I have written in collabs, but I also have some basic writer's agreements in place. This is established after I have written a few songs with the same person and we know we're probably going to be writing together for a longer period of time. This is a broad sweeping agreement that covers the basics listed above but covers a period of time (can be limited or open ended) to save the tedium of signing agreements on every single collab. However, it you add one additional person in any of the projects, that project needs it's own agreement.

It's best to get the agreement up front BEFORE the song is even started. Nothing sux like finishing a song and then the writers have a dispute about percentages or projected use or demo costs, or one party doesn't want the song to be released at all and the other writer can land a publishing or library deal.

Having as many of the bases covered before you start the project can certainly alleviate problems down the road.

Obviously, this agreement can be fairly encompassing or it can be a simple agreement that covers just a few of the things I listed above. By no means does this document need to be complicated and resembling something a lawyer would dream up. Just be sure you cover the bases that need to be covered in YOUR given situation.

Now.... go and collaborate and write some music.


Edit to say: You can have the initial agreement and then updated copies after the song is completed. I have some agreements that have 2 copies.... first and then the final. This would be the case if you change or don't have a title to start with or you both agree to pull in a 3rd (or more) writer. The important thing is to document the facts and changes from the original agreement.


Last edited by Guitarhacker; 01/23/17 04:10 AM.

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Yep....

You've spelled out all of that pretty well.
I've contemplated the above for a long time regarding 'collaborative' creations.
Personally, I've always written my own lyrics/arrangements to completion.
I have been fortunate to have excellent musician friends over the years fill in with instrument tracks where I know I'm deficient.

Most would probably think all of whom they are collaborating with are cool and no problems would be anticipated.
Most collaborations and legal partnerships would always be entered into with the best of intentions.
But...things (people) can change and get ugly when money/expected (perceived) compensations can become part of the equation in such a collaboration.

In thinking further on this, seems to me a collaboration could be simpler in approach if one collaborator was strictly responsible for only one aspect of a song writing effort rather than all chiming on anything/everything.
IE: Joe Blow plays bass - Bill Bland on lead axe - Buck Snort on keys - Nigel Flogsnot does lyrics - Coyote BIAB on drums.
Of course, that would mean some sort of overall agreement with all contributors would have to be drafted up if one thinks it will actually generate some substantial buckaroos at some point.

But....I have been wrong in the past. smile

Carry on....



Last edited by chulaivet1966; 01/23/17 12:12 PM.
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Originally Posted By: chulaivet1966


Most would probably think all of whom they are collaborating with are cool and no problems would be anticipated.




Kinda like those first dates.... "Man this is the perfect person for me...." until 12 months later.......

The way I look at collabs and writing with others is close to what industry pros I have heard, say. No matter how much or how little one contributes to the actual song, if that person is an official part of the writing team, they get an equal share of writing and royalties.

Lets say someone has a song that is 95% finished. And they come to you and ask you to help. You look at the song, both melody and lyric...and you figure the melody is perfect and fits extremely well, and the lyric is good except for one line that doesn't fit. So you write a line that does fit, the other writer loves it,and so it gets used and the song gets cut and makes a ton of money with artist shows, radio airplay, and even gets a title cut in a blockbuster movie. Should you only get 5% because that's all you really contributed or should it be looked at that without your line, this song may have never been cut so therefore you are an equal contributing partner fully deserving a 50% cut?

It can be argued both ways, and I'm absolutely sure there are pro writers who would only give that 5%. Only you could answer that question if it's worth 5% vs nothing. After all, the chance to get your name on a hit as a co-writer with a big name, and a song that generates a million or more... do the math.

The whole point is to get that all important agreement in writing. Spell it out so you know what the deal is. Then, if the song is a huge hit, remember, you agreed to the percentage. Next time, negotiate better. Or better yet, write with folks who agree that 50/50 is the right way to do things. Or 33.3x3 or 25%x4...etc...


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Originally Posted By: Guitarhacker
[quote=chulaivet1966] Kinda like those first dates.... "Man this is the perfect person for me...." until 12 months later.......


Ha...hard life lessons to be sure.

As you state, lots of potentially sticky points to be considered.
As a personal perspective example....if I were only a minor contributor to one's song as in a lyrical line or two I would not expect to be given 50% of earnings.
That math does not sound justified....a reasonable percentage would be equitable to me.
"Reasonable percentage"...I've not clue about it and I don't think I'll have to worry about it at my lowly creative level. smile
Being named in the credits would be cool, though.

Back to it.....

Last edited by chulaivet1966; 01/23/17 02:54 PM.
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No one ever talks about percentages.

Everyone in the room gets an even split.

And no one EVER whips out a "writer's agreement" to sign.

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Originally Posted By: floyd jane
No one ever talks about percentages.

Everyone in the room gets an even split.

And no one EVER whips out a "writer's agreement" to sign.



Kinda like whipping out a pre-nup at the alter... yeah, there's better ways to handle it, but the advice to get it in writing is echoed throughout the songwriting world. I have signed my share of agreements after the song was done. Any time you plan to exploit a co-written song, you better have the agreement in writing and signed by all parties involved in the song. I dare say if you write with the likes of Jeff Steele, you might not sign the agreement in the session, but before that song goes anywhere, you will sign one.

And yes.... I agree, everyone in the project gets an even cut/share/percentage, whatever you want to call it. I thought that was in the post...last paragraph



I have even heard one famous hit song writer say that if the coffee guy came into the room to fix a new pot of coffee during the writing, that he should also get a share since perhaps his presence inspired an idea that would otherwise not have occurred. I don't know if I would go that far, and perhaps he was using that as hyperbole to illustrate that everyone gets the same share.

Every single collab I have worked on has been an equal split between the writers, no matter how much was contributed by any given partner.

Last edited by Guitarhacker; 01/23/17 03:02 PM.

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Add nothing that adds nothing to the music.
You can make excuses or you can make progress but not both.

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Originally Posted By: floyd jane
No one ever talks about percentages. Everyone in the room gets an even split. And no one EVER whips out a "writer's agreement" to sign.


I presume you're referring to an actual professional writing team.
Admittedly, I'm ignorant with this subject but if your comments above is how it works that sounds pretty equitable to me....and simple.

Carry on....

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I hate to sound cynical but the odds of someone co-writing the next big hit and your collaborator stealing the song and making the big money...well, I'm guessing that is probably about the same odds as winning the lottery.

What is more likely is you'll turn people off if you whip out your homemade contract and bug everyone to fill in all the blanks every time you sit down in a creative session.

Maybe a better approach would be to 1) work with people you trust and 2) record the sessions and keep those recordings in case something were to really take off. That way you don't have to fool with contracts for the 99.999% of songs that won't go anywhere but you'll be prepared if a good one appears.

Just my thoughts.

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No one will force you to work with written agreements for your songwriting efforts. If you wish to collab without that safety net, be my guest. This is nothing more than a suggestion that is, from my understanding, very common in the business.

Everyone who works with me knows that I will insist that one be signed by all parties generally before the project is finished. Most of the things I write will end up in libraries or with publishers so it's a given that I want the details in writing.

Would you venture into any other type of business relationship with out a written agreement? Heck I don't install a security system in my customer's home or business without a written agreement (contract) and while you might want to say you're writing for fun and it's not a business, it is none the less, still a possible business venture. No one can predict what might come from that session. When I first started recording I used to do a number of collabs with no paperwork. When I started putting my music into libraries, I went back to the writers and asked them if they would sign an agreement and they all did. Those songs are now in libraries and have the potential to be used and make money, something that neither of us foresaw when we wrote the song.


By the way: This post was inspired, not from the deep recesses of my own thoughts, but from the minds of TWO Nashville hit songwriters. Marty Dodson and Clay Mills from something they wrote on their web site about this very topic.

No matter what anyone says, that "no one is going to whip out a collaborator's agreement at a song writing session".... I can guarantee and it is just plain business common sense, that at some point before, during or after a song writing session that produces a song, there will be an agreement signed by all the writers involved.

And.... pretty much the goal, while unstated in many cases, for a songwriting session in Nashville, is to get a commercial cut of that song. So when you are writing in a collab, it's understood that the song is very likely a business venture in the making.


But hey, I get it. If you say that's not why you write songs and you trust fully the people you write with and you aren't going to sign any sort of agreement because it's not necessary, it inhibits the creative process, and reduces it to a business deal, then feel free to do what you will. Work without one and have fun. I'm not going to complain about how you do things.


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Add nothing that adds nothing to the music.
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OK... so here's a slightly different angle to the written agreement.

How many of you get signed written permission forms from someone who records a track for you to use in their song? Doesn't matter if it's instrument or vocal.


Lets say, you write a song, and it needs a unique guitar solo in it that follows the melody line and BB/RB doesn't seem to do it so you PM me and ask me to play the guitar part on your song. I agree to record the track in my studio. How many of you would insist that I sign a release to let you use my guitar track?

Anyone? Yes? No?

If you don't, you are foolish to use that track publicly. Copyright violation and the resulting possible legal issues can arise. The person who records their track owns the copyright on that track. Unless you have them sign a release allowing you to use that track, you are not the owner of that track and can not use it without permission. I can hear the arguments.... oh he's my buddy, she's my friend and they would never do that to me. And unicorns grant wishes and Leprechauns have pots of gold too. Put money via commercial use into the equation a year later and see what happens.

If you are not getting a release form signed, whoever was the artist on a given track has the legal right to prohibit you from using the track in your song. You could potentially go through the process of mastering that song, putting it on a CD, pressing hundreds of copies for sale only to find out that the artist refuses to let you use that track and you are suddenly setting on hundreds of unsalable CD's and thousands of dollars that you can not recover. All for want of a signature on a release form.

I learned this lesson the hard way. Someone contributed a track to one of my songs. I mentioned putting it on the net for others to hear. Not even placing it in a library, just putting it on my sound click. The other person said absolutely not... they didn't want it posted. I had to remove their track and find another way to get it done, and you can best believe I had a form signed on every one since. Trying to negotiate after the fact is a PITA because you are at the disadvantage.

I know this is a lot of paper work, and I can see eyes rolling and others glazing over..... Just interested in your thoughts on this aspect. Has this even crossed your mind when you are collaborating a track for someone else or asking for a track from another person?



EDIT: Most musicians know this.... How often do we see someone come in who is new and ask if they can use these tracks in BB/RB or do they have to pay royalties and license fees? As owners of BB/RB we know that we have the license to use these TRACKS without further permissions.
This is not the case on tracks recorded by others.

Last edited by Guitarhacker; 01/24/17 04:21 AM.

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Just thinking about all this makes my hair hurt smile Our best friend and mentor with whom Janice and I played and recorded as a trio was a N'ville musician. He recorded with many including Garth Brooks, Vince Gill, Bill Monroe, Porter Wagner, Faith Hill, George Jones, Dolly Parton, Chet Atkins, Ricky Scaggs, Kenny Chesney, Emmy Lou Harris and Kathy Mattea.

Apparently they had a pretty relaxed atmosphere in the circle he ran because he never mentioned much about paper work. He'd jam with folks at the Station Inn and get invited to play on a project. He never mentioned anything about passing around paper work in advance -- and we were so close that he would have told us that at least initially as he went from being a 12 Time US Champion fiddler to a N'ville session guy almost overnight.

After his untimely passing we released a CD of our home recordings with him to raise money for cancer research. One of the songs he and Janice sang was written by a prominent member of the Gaither Music group. I contacted them via phone to see about arranging for the rights and they said forget it. It's yours. Don't worry about it. I guess that it is rare but it does illustrate another side to some of this.

And perhaps if I was in things from an adding to the library perspective, etc., I might have another attitude. I just thought I'd throw this in the conversation.

Bud

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Herb, I was not meaning to discount your advice. Seems to me most everything you have written in this thread is good solid advice and, if someone is truly serious about selling their music, they would do well to heed that advice.

My personal situation is I write songs mostly for my own entertainment. And like someone said on another post, if others enjoy my stuff too, well that is just a lovely bonus.

Because I often work with folks in a songwriting group who are brand new I find I tend to want to help them set realistic expectations and enjoy the process while learning and improving. Several times I have seen a new songwriter with marginal songs and they were just certain they had written huge hits. They then proceeded to annoy folks with their overly protective posturing.

So I guess my point was simply, if you are in this as a business then take all those precautions but if you are mainly in it for fun just relax and enjoy the experience rather than clobbering it with technicalities.

Thanks for the post and the good info!

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Originally Posted By: Janice & Bud

..... One of the songs he and Janice sang was written by a prominent member of the Gaither Music group. I contacted them via phone to see about arranging for the rights and they said forget it. It's yours. Don't worry about it. I guess that it is rare but it does illustrate another side to some of this.



In a perfect world, that is how it should work. Thankfully there are people and companies that are like that.


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Originally Posted By: JohnJohnJohn


<<< My personal situation is I write songs mostly for my own entertainment. And like someone said on another post, if others enjoy my stuff too, well that is just a lovely bonus.

Because I often work with folks in a songwriting group who are brand new I find I tend to want to help them set realistic expectations and enjoy the process while learning and improving. Several times I have seen a new songwriter with marginal songs and they were just certain they had written huge hits. They then proceeded to annoy folks with their overly protective posturing.

So I guess my point was simply, if you are in this as a business then take all those precautions but if you are mainly in it for fun just relax and enjoy the experience rather than clobbering it with technicalities. >>>



These comments resonated with me being a songwriter both for enjoyment and as a not so smart music businessman.

Spanning the decades I've been writing songs, I had my first copyright in 1959, I am the epitome of a marginal songwriter. Even so, just being marginal in talent, circumstances have provided me brushes with commercial success. Providence and circumstance can happen to anyone. I sold a song to a 3 time Grammy nominated producer 41 years after it was originally recorded and released. I was asked once to submit a song to a major recording act on a major recording label. I didn't believe it and did not submit the song only to find out several years later, it actually was true. The album it would have been included on was a gold record, million seller. I had two songs on hold for another album that never materialized due to the untimely death of the producer.

That being said simply means that as a music business person, I'm not very good. I've literally written hundreds of songs and four have received commercial attention. Each of the hundreds of songs I've written I thought they were the best work I'd ever done at the time I wrote them.

I've actually had one of my original songs stolen. I would like to say plagiarized but he took it verbatim, words and music and claimed it as his own. It was a song that was rejected for the album I made in 1975. I was particularly fond of it and brought in two singers, taught one how to play a signature strum and chord progression, and recorded it as a solo project. Eleven years later in 1986 I ran across one of the fellows and he was playing the song verbatim and claiming it as his original. We were both playing at a private party so I began to play and sing along with him - verbatim. He looked at me puzzled and asked how I knew his song. I quietly explained to him I wrote the song and still had the original reel to reel tape which contained not only the song, but it was running while I taught him the chord progression and strumming pattern. He had forgotten over time where he stole the song from. He also was a hobbyist songwriter with no commercial releases, so there was nothing to sue for.....

All that to say this. Even marginal songs by marginal songwriters can have opportunities arise for commercial success. You are not hurting yourself by taking Herb's advice and in fact, you are presenting yourself in a more professional manner and also providing self encouragement to yourself which builds confidence to believe in yourself.

Charlie


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Originally Posted By: Charlie Fogle
Even marginal songs by marginal songwriters can have opportunities arise for commercial success. You are not hurting yourself by taking Herb's advice and in fact, you are presenting yourself in a more professional manner and also providing self encouragement to yourself which builds confidence to believe in yourself.

Charlie

It is up to each songwriter to decide of course! For me, whipping out a contract in an informal session would be a complete buzzkill and I am willing to accept the risks associated with not having one for the majority of sessions!

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Originally Posted By: JohnJohnJohn

It is up to each songwriter to decide of course! For me, whipping out a contract in an informal session would be a complete buzzkill and I am willing to accept the risks associated with not having one for the majority of sessions!


See, I just try to work it into the song-writing process. They don't even see it coming. Sure my contracts all rhyme, but they are rock solid legally.

(Verse 1)
The following stated participants
all shall share equally
anything that's created
and will benefit mutually

(Pre-Chorus)
For there may come a time
We we all will find
That this work will climb
and become more than we imagined

So we...
(Chorus)
Sign on the line!
Yes we...
Sign on the line!

...you get the idea;)

Sorry for the humor. It's actually a great topic to bring up IMHO! Great idea that needs to be covered. Pick the advice you want, but make yourself aware smile


Chad (Hope that makes it easier)

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Originally Posted By: HearToLearn
Originally Posted By: JohnJohnJohn

It is up to each songwriter to decide of course! For me, whipping out a contract in an informal session would be a complete buzzkill and I am willing to accept the risks associated with not having one for the majority of sessions!


See, I just try to work it into the song-writing process. They don't even see it coming. Sure my contracts all rhyme, but they are rock solid legally.

(Verse 1)
The following stated participants
all shall share equally
anything that's created
and will benefit mutually

(Pre-Chorus)
For there may come a time
We we all will find
That this work will climb
and become more than we imagined

So we...
(Chorus)
Sign on the line!
Yes we...
Sign on the line!

...you get the idea;)

Sorry for the humor. It's actually a great topic to bring up IMHO! Great idea that needs to be covered. Pick the advice you want, but make yourself aware smile


Time to hit the record button and get this one digitized and immortalized!

Sounds like a hit to me.


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Originally Posted By: Guitarhacker
OK... so here's a slightly different angle to the written agreement.

How many of you get signed written permission forms from someone who records a track for you to use in their song? Doesn't matter if it's instrument or vocal.


Lets say, you write a song, and it needs a unique guitar solo in it that follows the melody line and BB/RB doesn't seem to do it so you PM me and ask me to play the guitar part on your song. I agree to record the track in my studio. How many of you would insist that I sign a release to let you use my guitar track?

Anyone? Yes? No?

If you don't, you are foolish to use that track publicly. Copyright violation and the resulting possible legal issues can arise. The person who records their track owns the copyright on that track. Unless you have them sign a release allowing you to use that track, you are not the owner of that track and can not use it without permission. I can hear the arguments.... oh he's my buddy, she's my friend and they would never do that to me. And unicorns grant wishes and Leprechauns have pots of gold too. Put money via commercial use into the equation a year later and see what happens.

Herb. I'm assuming you're not referring to paid pickers here?


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Originally Posted By: P Glaser

Herb. I'm assuming you're not referring to paid pickers here?


Correct. These are buddies who just want to help and record a track at no cost.

Of course, you always want to get that all important waiver regardless if money changes hands or not. I've had people pay me to do a track or several for them, pay me and never ask for the waiver. Of course I always sign one and send it to them anyway if they paid for the tracks.


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

Today (April 5) is National Flash Drive Day!

Did you know... not only can you download your Band-in-a-Box® Pro, MegaPAK, or PlusPAK purchase - you can also choose to add a flash drive backup copy with the installation files for only $15? It even comes with a Band-in-a-Box® keychain!

For the larger Band-in-a-Box® packages (UltraPAK, UltraPAK+, Audiophile Edition), the hard drive backup copy is available for only $25. This will include a preinstalled and ready to use program, along with your installation files.

Backup copies are offered during the checkout process on our website.

Already purchased your e-delivery version, and now you wish you had a backup copy? It's not too late! If your purchase was for the current version of Band-in-a-Box®, you can still reach out to our team directly to place your backup copy order!

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!

With this update, there's more control when saving images from the Print Preview window, we've added defaults to the MultiPicker for sorting and font size, updated printing options, updated RealTracks and other content, and addressed user-reported issues with the StylePicker, MIDI Soloists, key signature changes, and more!

Learn more about this free update for Band-in-a-Box® 2024 for Windows at www.pgmusic.com/support_windowsupdates.htm#1111

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

If you're looking for a in-depth review of the newest Band-in-a-Box® 2024 for Windows version, you'll definitely find it with Sound-Guy's latest review, Band-in-a-Box® 2024 for Windows Review: Incredible new capabilities to experiment, compose, arrange and mix songs.

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!

Congratulations to the 2023 User Showcase Award Winners!

We've just announced the 2023 User Showcase Award Winners!

There are 45 winners, each receiving a Band-in-a-Box 2024 UltraPAK! Read the official announcement to see if you've won.

Our User Showcase Forum receives more than 50 posts per day, with people sharing their Band-in-a-Box songs and providing feedback for other songs posted.

Thank you to everyone who has contributed!

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