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Band-in-a-Box for Windows
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Joined: Oct 2008
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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! Thanks for having a listen. I appreciate it. Thanks for the comments too. Like so many on these forums, though, I couldn't have done this without BIAB. It's a brilliant program! Regards, Noel
MY SONGS...Audiophile BIAB 2026
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Band-in-a-Box for Windows
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Joined: Jul 2000
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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.<...> No, the lawyer can give you bad advice. The laws are complicated and his/her interpretation could be wrong. But the fact that you went to a lawyer and was given professional advice will go in your favor if you get sued. 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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Joined: Jul 2000
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Also, whether or not any money is charged is not an issue. You can't give away copyrighted material for free. That is just as against the law as selling it.
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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Joined: Apr 2009
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Hope this clarifies it a bit.
You own the license to use BB/RB tracks in your original compositions without any further compensation or credits. End of story.
If you are selling backing tracks to original songs...same deal. As in when you use BB to provide music for someone's song in your studio. Proper "Work for Hire" agreement should be drawn up and signed so that the artist can use the song and sell it freely. You get a lump sum payment for that. I have done this a number of times.
If you are providing cover tune backing tracks and selling them on the net, YOU need to get the proper license to sell them legally. A license would cover a certain number of sales. Keep good records of all sales. You essentially have a business so the licensing costs are part of the cost of being in business. Each track requires a unique licensing agreement. Lots of tracks will become expensive. You pay for each one.
If you are providing a one time custom track of a cover tune, it is the artist who is using the track on a commercially sold CD that would obtain the license. Draw up a "Work for Hire" agreement that spells out who is responsible for the licensing and how much you will get paid for a lump sum and that you have no further financial interest in the song. . I have used this method on a few tunes custom made for artists. This is essentially the same thing as if the artist came in your studio and recorded the cover tune. The studio is not responsible to pay the licensing costs..... the artist is when they release it commercially.
Hope that helps
You can find my music at: www.herbhartley.comAdd nothing that adds nothing to the music. You can make excuses or you can make progress but not both. The magic you are looking for is in the work you are avoiding.
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Band-in-a-Box for Windows
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Joined: Apr 2008
Posts: 673
Journeyman
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OP
Journeyman
Joined: Apr 2008
Posts: 673 |
Hope this clarifies it a bit.
You own the license to use BB/RB tracks in your original compositions without any further compensation or credits. End of story.
If you are selling backing tracks to original songs...same deal. As in when you use BB to provide music for someone's song in your studio. Proper "Work for Hire" agreement should be drawn up...
If you are providing cover tune backing tracks and selling them on the net, YOU need to get the proper license to sell them legally. A license would cover a certain number of sales...
If you are providing a one time custom track of a cover tune, it is the artist who is using the track on a commercially sold CD that would obtain the license. Draw up a "Work for Hire" agreement that spells out who is responsible for the licensing and how much you will get paid for a lump sum and that...
Hope that helps Thanks GH for the further clarification.
BIABguy
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Band-in-a-Box for Windows
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Joined: Dec 2002
Posts: 12,898
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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." So I have been thinking about this old thread. The problem I see is that it would be hard to come with a viable business model. A good backing track today on the internet goes for about a $1.50. And each one comes with the chord progressions, scale diagrams and improvisation tips. Not to mention the "marketing" costs. Check this out. https://www.guitarplayback.com/soulful-jam-tracks?mc_cid=01af5dfcc4&mc_eid=69d3ac6fd5It is very clear that good backing tracks are arranged, mixed and master by good musicians - whether they are use a tool like BIAB or not. I make a lot of backing tracks for my use, and none sound this good. Just sayin. 
BIAB – 2026, Reaper (current), i7-12700F Processor, 32GB DDR4-3200MHz RAM, Motu Audio Express 6x6 - My SoundCloud.
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Band-in-a-Box for Windows
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Joined: Jul 2000
Posts: 6,493
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I've also noticed that backing track companies are mostly not located in the USA.
I asked and got the answer that in the USA you have to pay for a huge number of copies up front, whether you sell them or not. In the EU you pay the royalties for each one you sell, nothing up front.
I don't know if that's true or not, because I didn't consult an expert, but if it is, it's easy to see why most are overseas.
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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Joined: Apr 2009
Posts: 10,808
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Joined: Apr 2009
Posts: 10,808 |
I've also noticed that backing track companies are mostly not located in the USA.
I asked and got the answer that in the USA you have to pay for a huge number of copies up front, whether you sell them or not. In the EU you pay the royalties for each one you sell, nothing up front.
I don't know if that's true or not, because I didn't consult an expert, but if it is, it's easy to see why most are overseas.
Insights and incites by Notes That is my understanding. So, yes, trying to set up a legitimate backing track company could really set you back many tens of thousands of dollars with the prospect of minuscule sales. If true.... I like the EU version better.... pay quarterly or monthly the royalties you ow for the tracks you have sold..... very similar to the way self employed people pay income and sales taxes. File your forms and include a check subject to audits.
You can find my music at: www.herbhartley.comAdd nothing that adds nothing to the music. You can make excuses or you can make progress but not both. The magic you are looking for is in the work you are avoiding.
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Band-in-a-Box for Windows
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Joined: Jul 2000
Posts: 6,493
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That seems to me to be the fairest way to do it.
I suppose there would be people who cheat at it, people will always find a way. I guess they'd have to agree to a surprise audit or something like that. If it's all download, I suppose you could make the log files available.
Back in the 1990s I wanted to sell MIDI backing tracks. So I went to the Harry Fox Agency and directly to publishers that HFA didn't represent.
The red tape was strangling. Some wanted up to $2.50 per song, some wanted 500 unit royalties in advance, some denied, and I gave up. 3 years later some publishers were still sending me their decision. I suppose it's better than that now, it was the early days of MIDI.
I would think the publishers would try to make it easy for someone to pay them royalties, but I'm on the outside looking in, there are unknown unknowns to me.
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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