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#229394 12/18/13 07:38 PM
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Ok gang,I've been wanting to make a bolero arrangement of this song, so here it is; my contribution to the Christmas time in this forum. I went ahead and used the new string ensemble. Hope you all like it.

Merry Christmas!

Last edited by cubanpete; 12/19/13 12:49 PM.

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Hey Mike - that is definitely the first time I've heard a bolero White Christmas! BIAB certainly will let you go into new territory! Good to see you posting again.... floyd

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Mike
Great background music, might be played here a bit over the next few days...


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Excellent version. +1 on getting lots of plays this time of the season.


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Originally Posted By: floyd jane
Hey Mike - that is definitely the first time I've heard a bolero White Christmas! BIAB certainly will let you go into new territory! Good to see you posting again.... floyd



+1 on that!
An excellent version, and why not? I tried a Reggae one initially on mine but that WAS a Non-No. This is a great idea.
Merry Christmas
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Nice job....

you should always check to see if songs, especially Christmas songs are copyrighted..... White Christmas is still covered by it's original copyright and is not a public domain song. I only comment on this since the forum rules specify that you must own the rights to songs posted here.

A song listing service also made this same mistake about 2 months back on this very same song.... asking for PD Christmas songs and listed WC as one of the possibilities for the listing....they issued a correction the next day when this was pointed out and removed WC from the list.

http://www.plagiarismtoday.com/2011/12/19/5-public-domain-christmas-songs-and-5-that-arent/


Last edited by Guitarhacker; 12/19/13 06:25 AM.

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Hi Herb, thanks for the heads up, I wasn't aware of that, so I guess I'll have to remove it, don't want to get yelled at because of it.
And to the other folks that took the time to listen...thanks! I'm glad you all liked it.

Mike B.


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Originally Posted By: Guitarhacker
Nice job....
you should always check to see if songs, especially Christmas songs are copyrighted..... White Christmas is still covered by it's original copyright and is not a public domain song. I only comment on this since the forum rules specify that you must own the rights to songs posted here.
There is a solution to this problem if you're willing to spend $240 per year for a streaming license from ASCAP. Here's my own log-in page: https://www.ascap.com/mylicense/ Such a license explicitly grants the owner the right to stream their own version of any of the 8.5 million songs whose copyrights they manage. If you look here: https://www.ascap.com/Home/ace-title-search/index.aspx , enter Irving Berlin in the "Writers" box and proceed to search, you'll find White Christmas is song #472 of the nearly 500 songs that Berlin wrote. To say that Berlin was prolific is an understatement.

There's another reason that the issue is somewhat moot. Financial obligations to writers/composers are the responsibility of the hosting website. So, if you're using your own website to host tunes, you're an infringer unless you pay royalties. But if you're posting on SoundCloud, they are the host website and they have long since settled payment issues with BMI and ASCAP.

Importantly, this does not address the issue of Forum etiquette. Many members feel strongly that the requirement for original songs be followed in "strict constructionist" fashion and this committment deserves respect.

However, it is just not possible for BIAB users to turn out tune after tune of historical importance, songs like White Christmas or the music of Duke Ellington. There is inbreeding and a loss of diversity. And, although BIAB may be on the same level as IBM's chess-playing Deep Blue, there is an endless collection of tunes that it cannot handle. I like specializing in these, just to see how far BIAB/RB can be stretched. The answer: very far indeed.

The moral: To be on the up-and-up, spend some money and get an ASCAP license, and post on SoundCloud or some other commercial site.

Aleck Rand (aka Dean Clark)


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Sorry to bust the bubble..... I hate that.

I don't want to pay the license fees so I rarely record anything that is a cover or copyrighted. The ones I do post, I check to be sure the copyright has expired and the tunes are in the PD. Then, all is good.

Christmas tunes fall into that tricky category and one must be careful. Even some of the "old standards" that are in the church hymnals that we sing are recent writes and therefore still under copyright protection.

Would I rush to pull it down...? That would be your decision to make.

Last edited by Guitarhacker; 12/19/13 09:47 AM.

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Hi Mike,
nice version.
Originally Posted By: aleck rand
But if you're posting on SoundCloud, they are the host website and they have long since settled payment issues with BMI and ASCAP.

Terms of use on Soundcloud

Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Platform (hereinafter "Your Content") is generated, owned and controlled solely by you, and not by SoundCloud.

SoundCloud does not claim any ownership rights in Your Content, and you hereby expressly acknowledge and agree that Your Content remains your sole responsibility.

Without prejudice to the conditions set forth in Your Use of the Platform you must not upload, store, distribute, send, transmit, display, perform, make available or otherwise communicate to the public any Content to which you do not hold the necessary rights. In particular, any unauthorized use of copyright protected material within Your Content (including by way of reproduction, distribution, modification, adaptation, public display, public performance, preparation of derivative works, making available or otherwise communicating to the public via the Platform) may constitute an infringement of third party rights and is strictly prohibited. Any such infringements may result in termination of your access to the Platform as described in the Repeat Infringers section below, and may also result in civil litigation or criminal prosecution by or on behalf of the relevant rightsholder.

Guenter

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I'm still skeptical of the legality of the ASCAP streaming license details, especially as they apply to SoundCloud given Guenter's info, but I don't want to waste any more time on it here. The bottom line is, this is a forum provided and run by PG Music. We need to follow their rules for their protection. The very first instruction for this particular forum says we are to post original songs, no covers. No reasons we can give will override that instruction.


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boehm #229544 12/19/13 09:34 AM
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Ah, Guenter, my dear and distinguished friend,

I think we are talking past each other and using incompatible sources for our arguments.

Of course, if you post Ray Charles' recording of "What I Say" - Ray Charles and the Raylettes the original recording - you are an obvious infringer. That is what all the legal boilerplate (die übliche Rechtstext) you quoted is meant to protect against. OK, so you are listening to this source.

I am listening to BMI and ASCAP and the information I gave about the host website's responsibility comes from them.

Many times.
In writing and over the phone.

For instance, SoundCloud has a member group called Vocal Covers. My next post, which you'll see shortly, will be shared with this and other Jazz-oriented member groups. I doubt that SoundCloud is inviting "covers" for the purpose of putting contributors in legal jeapardy. It wouldn't be smart business.

So that is where we stand: SoundCloud's boilerplate vs. the claims of ASCAP and BMI. They are categorically different - don't you think? - and not meant to be reconciled.

Dean


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Didn't intend to kick the hornets nest....

PG simply asks that we not post songs we don't have the rights to.

If you have the license rights, post away. If you don't, regardless of what is "common practice" on sound click or sound cloud or any other forum sites you may visit.... while here, we should respect the rules of the road.

JMHO


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Ok, I understand all about copyrights and the right of PG Music to restrict the content of the forum. I just didn't know that "white Christmas was not of public domain. For that I apologize and appreciate the information provided here.

Mike B.


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