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Further to my previous post, this is what LANDR referred me to in July when I queried why some of my releases were marked as ineligible for YouTube/Facebook/Instagram monetization:
https://support.landr.com/hc/en-us/articles/360005473813

I'm still waiting for them to respond to my email reply regarding my latest release: https://soundcloud.com/andyshearer-1/you-make-me-think-about-love

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Originally Posted By: Andyman


I did a bit of research on YouTube monetization and discovered that they changed the rules about two years ago with the aim of improving content.
To qualify for YouTube monetization, your channel must now have at least 1000 Subscribers and 4000 Watch Hour time in last 365 days. The video content must also comply with the stricter copyright ownership requirements (as you stated).
See https://youtube-creators.googleblog.com/2018/01/additional-changes-to-youtube-partner.html

As my YouTube channel falls a long way short of the required number of subscribers and watch hours, it's totally irrelevant whether the content of any of my videos complies with content requirements anyway, so you can understand why it really doesn't matter to me that my LANDR releases were not approved for YouTube monetization.



There is a bit more to it than that, Andy. When you opt in for youtube monetization and also deliver your music to youtube music, anyone can use your music in a youtube video.

My youtube channel is also not even close to meeting the requirements, but I know that some people have used my music in their videos that have met the requirements because I receive sync money from youtube via CDBaby.

Not a lot mind you, just checked this morning, a total of $6.16 as of today and it goes back to 2017. But still current, latest "sale" was May 2019 for a total of $0.00911700 wink

Last edited by BlueAttitude; 09/13/19 01:51 AM. Reason: fixed date
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Oh, that's good to know, Dave.
Every penny counts, I suppose.
I've accumulated $10.73 from Spotify monetization since July, which is barely enough to pay for a couple of beers in celebrating such a 'remarkable' achievement, but I reckon that it would have to be one heck of a video for me to earn anything from YouTube monetization.

Last edited by Andyman; 09/13/19 03:20 AM.
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Originally Posted By: BlueAttitude
My youtube channel is also not even close to meeting the requirements, but I know that some people have used my music in their videos that have met the requirements because I receive sync money from youtube via CDBaby.

Not a lot mind you, just checked this morning, a total of $6.16 as of today and it goes back to 2017. But still current, latest "sale" was May 2019 for a total of $0.00911700 wink

Promise that you won't spend it all at once grin


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I've received a response from LANDR regarding my song release. It would appear that a quite serious precedent has been created here that could potentially impact on anyone who creates music that includes BIAB Realtracks and attempts to release it through LANDR.com.

Despite PG Music confirming that I have permission to freely use BIAB in my recordings, LANDR have identified the artist who provided the recording for one of the BIAB Realtracks (ie. the sax), and are informing me that they are unable to go ahead with my release without proper authorization from the soloist Eric Marienthal, in the form of a contractual agreement:


Sep 13, 15:07 EDT
Hi there,

I'm Coleman, sorry for the delayed response!

I have a little question about your release with UPC code 628810692224.​

The soloist you have included, "Eric Marienthal" already has a relatively established online presence.
LANDR cannot release tracks without the proper authorization for this artist.

In order for us to move forward with this release, we'll need you to provide us with a contractual agreement stating the terms and conditions of the collaboration for any licensed content.


I know it seems like a lot but we just want to ensure you are protected down the line.

Let me know if you need any help with this.

Regards,
Coleman
LANDR Rescue Squad
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Sep 12, 12:27 EDT
Hi again,
Further to my reply on 8th Sept, here is confirmation from PG Music that
I have permission to use Band In A Box Realtracks in my recordings. I
hope that the release can now go ahead without any further delay.

Powered by ChatBeacon.Welcome to PG Music Andy, Deryk will be right with
you. Your chat ID is SMX091219040807-127331.

Deryk 4:08:09 PM
Welcome To PG Music's Live Help. How May We Assist You Today?

Andy Shearer 4:14:32 PM
Please can you confirm that I have permission to use BIAB Realtracks in
my latest song release. I'm releasing through LANDR.com but they have
put the release on hold as they have detected possible third party
content when reviewing it and have emailed me asking for confirmation
that I have permission to use any copyrighted material. I know that I
have because I've read your FAQ (https://www.pgmusic.com/salesfaq1.htm
<https://www.pgmusic.com/salesfaq1.htm> #22), but it would be
helpful if you can also confirm this here so that I can send it to them.

Deryk 4:15:21 PM
Anything you make in the program is yours to do with as you please as
long as it doesn't infringe on the intellectual property of others or
include our demos, since the demos are copyrighted by us. Anything else
is free game.

Andy Shearer 4:17:55 PM
Thank you Deryk. I will send them a transcript of this conversation and
hopefully my release can then go ahead.

Deryk 4:18:42 PM
Ok, sounds good Andy smile

Andy Shearer 4:19:37 PM
Thanks again. I appreciate your help Deryk.

Deryk 4:20:05 PM
You're welcome, happy to help smile


I haven't a clue how they managed to identify the Realtrack soloist, but I wouldn't know how to go about contacting Eric Marienthal to seek his permission, let alone obtain a contractual agreement stating the terms and conditions of the collaboration for any licensed content.
I'm quite surprised and disappointed with this outcome, and I think that I'll just have to cancel this release altogether and maybe re-record the song without the sax solo.

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This is bad news indeed. I have feared it would come down to this. I can only assume a riff in your BIAB track closely matched something already released by Eric Marienthal.

This brings up a critical question for PGM...do they even own the full rights to what the RealTrack musicians have played? Do they closely control what is played over chords or do they let the musician riff whatever they want to when recording their parts? If the latter it seems quite likely something a musician would play on a RealTrack might also appear on a piece of released music by that same musician. If that occurs who owns that riff?

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Before pushing the panic button, I would suggest that it's likely, even probable, that LANDR overreacted and that they acted inappropriately. As someone who has dealt with copyright issues for a long time, their reasoning is quite a stretch.

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Originally Posted By: Roger Brown
Before pushing the panic button, I would suggest that it's likely, even probable, that LANDR overreacted and that they acted inappropriately. As someone who has dealt with copyright issues for a long time, their reasoning is quite a stretch.

And yet...they have the power to release or stop release through them, right?

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Andy,

Did you include "Eric Marienthal" in the information that you originally uploaded to LANDR?

I noticed on your Soundcloud page that you had put something like 'Sax by Eric Marienthal' when I looked at a recent song of yours.

It is also possible that LANDR discovered the above Soundcloud reference. In this day and age of computers, cross-referencing around the world is a very speedy process. (Schools and universities use specially designed software to search globally so as to safe-guard against plagiarism.)

If you did include Eric's name on the original upload to LANDR, this could well be where your problem lies. (I discussed referencing Realtrack artists in general towards the end of my original post in this thread because I thought that it might cloud copyright issues if such information is included.)

Even if you later deleted any reference to "Eric Marienthal", LANDR may well be referring back to the original upload information and be taking the view that you are trying to conceal valuable copyright details.

Just a thought...

Regards,
Noel


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Originally Posted By: JohnJohnJohn
Originally Posted By: Roger Brown
Before pushing the panic button, I would suggest that it's likely, even probable, that LANDR overreacted and that they acted inappropriately. As someone who has dealt with copyright issues for a long time, their reasoning is quite a stretch.

And yet...they have the power to release or stop release through them, right?


It's less a power and more an arbitrary decision. The release from PG should have sufficed. I still lean towards the likelihood of an individual misinterpreting and misapplying the guidelines.

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Hi Noel96,

I'm afraid that I did initially put a reference to Eric Marienthal on my Soundcloud, Bandcamp and Facebook pages, and then deleted it on the advice of more experienced BIAB forum users.
I realise more about the implications now and of course I regret it, but I figured that people know I can't play sax and I wanted to avoid being quizzed about who the soloist was.
I suppose that there's a possibility that they found the reference on one of my social media pages but they must have gone searching for it because I certainly didn't give them the links.
I think that it's more likely that Eric's style or phrases were detected by whatever AI system they use.
It's the first time I've used a Realtrack solo in one of my releases, but even though it consists of a series of 8 bar snippets, I suppose that there is only one Eric Marienthal, and there's quite a lot of his playing to be found on YouTube, etc.

Although Deryk said that anything we make in the program is ours to do with as we please, it seems that using Realtracks can still actually infringe on the intellectual property of the session musicians who performed them, in the eyes of LANDR at least.

Still, it's not the end of the world. I could try releasing the song through a different distributor. Some forum members
mentioned that they've successfully released lots of songs containing RealTracks, and I have too.
At least I've learned a few things from the experience and I'll be more careful next time.

Thanks everyone for your input and interest, and I hope that I haven't created a problem for anyone else through my inexperience.

It's a cracker of a sax solo though, isn't it ?

Last edited by Andyman; 09/13/19 03:15 PM.
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Quote:
Although Deryk said that anything we make in the program is ours to do with as we please, it seems that using Realtracks can still actually infringe on the intellectual property of the session musicians who performed them, in the eyes of LANDR at least.


See, here's the thing. I'm assuming that the session musicians hired by PG Music are paid master scale for these recordings (staff can feel free to correct me if I'm wrong on this). If that's the case, they don't have "intellectual property rights" on what they played, it's a work-for-hire.

That's why I'm pretty confident that whomever you dealt with at LANDR doesn't know what the hell he's doing/talking about.

By way of example....the classic rock song "Drift Away" was originally recorded (in Nashville btw) and session guitarist Reggie Young conceived and played the iconic guitar lick that makes up the intro to the song. That riff has been copied on dozens, maybe even hundreds, of cover versions of that song. Reggie didn't "own" that lick - if anyone had the right to pursue an infringement case, it would've been Dobie's record label, as they owned the master.

PG Music owns THESE "masters", and if they say there's no infringement and that it's fair game to use them, then it is.

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I've got a confession to make and it comes with an almighty apology to anyone who has been following this thread.

I've just discovered how LANDR knew that the sax Realtrack was performed by Eric Marienthal.
When I originally posted the track on the PG Showcase forum, and on Soundcloud, Facebook and Bandcamp, I hadn't actually submitted the release to Landr.
I had it open in another tab on my PC ready to submit but I wasn't sure about naming Eric as a collaborator or not.
I had him pencilled in on the submission form but I meant to delete him after receiving advice from other Forum members who recommended that I shouldn't name him as it was not necessary, and could actually be counter-productive.

I was then interrupted by some other tasks and you guessed it, I submitted the release without first deleting Eric as a collaborator.
Hence the release being delayed and me receiving the email from LANDR.

Call it old age, stupidity or whatever you like, but I'm afraid that this is all my fault and I'm the victim of my own making.
So I've now sent a grovelling apology to LANDR advising them that I had named Eric as a collaborator in error. I've now deleted the original release request and re-submitted it without any mention of Eric Marienthal, and I'm keeping my fingers and toes crossed that the release will now pass their review.

Once again, I apologise unreservedly and I will update this thread just as soon as LANDR either release my song, or ban me forever for being a complete tool !

Last edited by Andyman; 09/13/19 04:22 PM.
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Hi Andy,

There's nothing wrong with making mistakes. It happens to all of us.

I imagine that this thread will prove very valuable for many users in the future because of the detailed discussion it contains. From that perspective, I have no doubt that you will be applauded and not criticised.

I'm glad you got to the bottom of it all! By solving this problem, you (and all of us, too) now know how to avoid similar problems in the future.

All the best,
Noel




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Good news. Today I've received email confirmation that my release has been delivered to the stores:


Sep 16, 09:20 EDT
Hey there,

I've gone ahead and delivered your release to the stores!

Each store has its own processing time, but generally your release will be live on Google Play, Deezer and Tidal within 1-3 days.

Apple and Spotify take a little longer--it normally takes around 5 business days for your release to be live on there.
The smaller stores may take a little more time too, so please be patient.

If you have set a target release date, your track will go live in all stores on at that time.

Hope this helps! smile

All the best,
Coleman
LANDR Rescue Squad

Last edited by Andyman; 09/16/19 07:30 AM.
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Congratulations, Andy! That's a great outcome. Thanks for completing the story. It's good to know that, at the end of the day, you had a happy ending.

I hope the big bucks roll in smile

Noel


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Good outcome. Again, thanks for posting all of the details, and especially how this was resolved. This can certainly be useful for others in the future.


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Good news indeed, thanks for the update!

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Originally Posted By: Noel96
Hi Andy,

....

In relation to using RT Artists names as having played on a song when loading a song onto a website, Peter Gannon has commented a couple of times over the years in the forums that this is not something he encourages.

Regards,
Noel

Hi Noel. I would have sworn that I read years ago that Mr. Gannon encouraged the crediting of the RT artists. I haven't done a search though. I'm getting ready to release a project done primarily with RT's and now I'm questioning what approach I should take.

Thanks.


Paul

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Hi Paul,

In a post he made a long time ago, to the best of my recollection -- and I'm paraphrasing what he said because I cannot remember the words -- Peter said that the artists have not specifically played on any of the songs BIAB creates. While the artist did play for PG Music, what songs are created with BIAB are snippets of the artist's playing that are joined together to create an adhesive sound. In other words, the artist did not sit down with a user's song and put his own interpretation on that song at the request of the user.

How I interpreted this is that it's probably being a little unkind to the original BIAB artist to say that they played on a particular song because they were never professionally engaged to play on that song. The end result with BIAB is a compilation from multiple sources.

Just a thought... if you want to include the names, why not say something like...

  • The instrumentals for this song were created by PG Music's Band In A Box using audio material from Paul Franklin (Pedal Steel), Neil Swanson (Acoustic Bass), Natalie Haas (Cello).

... an ackowledgement like the above simply states the truth and is accurate.

All the best with your release!

Regards,
Noel

P.S. Why not email sales@pgmusic.com and ask? My recollection may be wrong. Alternatively, PG Music might have a different view these days. You could also include the URL of this thread in the email. (My recollection is from a number of years ago.)





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