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:
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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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