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Originally Posted by saxgentleman67
Tiger, I appreciate you taking the time to post your thoughts on this important issue. Personally I would make rather listen to someone who speaks English rather than an attorney who speaks legalese. Your answer is much more practical. I would also add that there is a huge difference between practical real world advice and theoretical "what could happen if' advice you get from an attorney. I've seen people waste so much money on attorneys needlessly, typically motivated by fear.

A couple problems: 1. Much of Tiger's information is wrong.

Quote
FYI, I was also told by Ember at PG Music that there is no copyright issue. So just because it's not clearly mentioned in the licensing agreement, that fact that multiple employees over probably a long period of time are making this claim does weigh in on this importantly. PG music will ultimately be the one to be sued more likely, than any individual making music.

2. That's not quite right either — as you were informed in the other thread. When you are told something, it's a good idea not to make things up.

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You are not, however, permitted to claim the demo songs in your copyright.

Quote
Band-in-a-Box (BIAB) demo songs are copyrighted by PG Music Inc., meaning you cannot claim copyright to them or use them commercially without permission.

Copyright Ownership:
PG Music Inc. owns the copyright to the demo songs and RealTracks/RealStyles within Band-in-a-Box.

No Permission to Claim Copyright:
You cannot claim copyright to the demo songs, even if you've used them as a starting point for your own compositions.

Commercial Use Restrictions:
Using the demo songs commercially (e.g., selling them, using them in a commercial project) without permission from PG Music Inc. is a copyright violation.

Copyright Protection:
Even unreleased music is protected by copyright.

Seeking Permission:
If you wish to use a demo song or RealTracks/RealStyles in a commercial context, you must obtain permission from PG Music Inc.

As cool as many of them are, those cannot be registered by you.


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I don't know if this is a valid workaround, but when I have been faced with a similar dilemma, I've used the track as create in BB, taken credit, and assigned it Creative Commons Fair Use (Give credit.) A good studio musician can mimic the Real Track in such as way as to legitimize claim to originality.


Link: www.soundcloud.com/ed_shaw (Feel Free to Use)
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I hope I'm stating the obvious here, but I suspect not and I think there may be some misunderstanding and consequential confusion, so...

Songs created by you using BiaB RealTracks, RealDrums and/or MIDI are your creations and may be copyrighted and released by you.

The Demo Songs that PG Music use to give an example of how the RealTracks and RealDrums may sound when in use, were created by and are copyright of PG Music. You may not release them as your own work, even in modified form.

I believe the musicians that play the content of RealTracks and ReadDrums sign away their copyright of the samples expressly so that PG Music customers will be able to use them as above. If they didn't or wouldn't, PGM's business model would be very different.

PGM also expressly ask that you do not credit those musicians on your work. That feels odd, but I think there are several good reasons for it.

Mike, I you believe I'm mistaken, I'm sure you'll say.


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Originally Posted by Planobilly
It is always advisable to seek the advice of a lawyer who deals with the music industry to answer any type of legal questions.

Having said that, myself and thousands of other people have published songs that were created using BIAB software. As far as I know there have been no lawsuits as a result of those actions.

The issues of copyright are about as complex as it gets and no forum has the expertise to guarantee all your questions will be answered correctly.

As with most things, nothing normally happens unless there is money involved. Make a song with BIAB that generates millions in revenue and things could get pretty complicated.

Billy
THIS! This right there is your answer. Full stop.

My practical advice is just do your thing and enjoy yourself! Statistically speaking, you are unlikely to ever generate enough money with your songs to get the attention of corporations and their lawyers. If you happen to get lucky enough to generate big money you can then afford lawyers to help you figure out how to hang onto it!

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Originally Posted by edshaw
I don't know if this is a valid workaround, but when I have been faced with a similar dilemma, I've used the track as create in BB, taken credit, and assigned it Creative Commons Fair Use (Give credit.) ...

Those tracks belong to someone else; you cannot assign rights to anyone. Using tracks as a starting point and modifying them in
BIAB is not the same—it's what we are expected to do—but using them as-is requires written permission as I have already quoted.

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A good studio musician can mimic the Real Track in such as way as to legitimize claim to originality.

That's not the same as using the tracks as-is. Once again:
Quote
If you wish to use a demo song or RealTracks/RealStyles in a commercial context, you must obtain permission from PG Music Inc.
Their words, not mine.

Let's be clear, I will point to or quote licenses or US Copyright law, sometimes the Berne Convention. I never, ever, ever give my opinion in threads like these—same with my clients. "I believe..., I think..., IMO..." Nope, I don't go there. Neither will I post what I do or or don't agree with. If you need a legal opinion, get an IP attorney. I advise my clients to do the same.

I worked in Licensing in Silicon Valley for many years and am retired from the legal dept. of a billion$ music entity; occasionally work for another. Most of my private practice consists of answering questions along the lines of, "Can we do…?" Yes, here's the clause in (this license) that gives you permission; here's the form you have to file to report it or No, you need this license; I'll make the call for you. Most of the rest is fighting takedown notices by stating that (…) was written in 1644 with words by (someone who died in) 1890 and the song is in the Public Domain — that or, attached is the sync license from (actual publisher) granting permissions (I probably negotiated it). If it comes to a fight and I have to write, "The reason I believe..." I have to stop. Attorneys get to have beliefs and opinions on legal matters, not I.


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PG Music News
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Season's Greetings!

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Team PG

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