I've searched the forum for pasts posts on copyright issues using realtracks. The consensus seems to be that we are free to copyright original songs using real tracks.

However, that is on PA copyrights. What about SR copyrights, which is the copyright on the physical recording?

See the problem? I'm into jazzy songs, and some of my BiaB backing tracks use licks from horn players.

The problem is, those licks are in a publicly ( to BIAB owners) accessible database.

I"ve done a lot of copyrighting in my 70 years on this earth, and copyright law says you can't copyright something that has been done before.

In other words, the SR copyright cannot possibly protect the instrumental tracks, only the chords words and melody, only that which a PA copyright would normally protect.

The tracks, for SR copyright purposes, are in the public domain.

The tracks themselves, are not unique, only the 'sequence' is unique ( the chord progression, if, indeed, it is unique, which it wouldn't be on most blues songs ).

NOte that this issue has never been challenged in court, as far as I know, but since all owners of a copy of BIAB have access to the same instrumental tracks, and they are prerecorded, that means those recordings are copyrighted by default but nevermind that PGMUSE grants public use of them. So that means 'public domain' ( to BiAB owners ). Now, PGMUSIC grants us use of them, and use of them for copyrighting the song, but no mention of copyrighting the actual recording, which is what a 'sound recording' copyright does ( an SR copyright ).

So, why would I want an SR copyright? I would want an SR copyright when licensing masters for Film and TV deals. And I'm finding out they don't know about BIAB, and the copyright issues. Apparently this is new copyright territory.

My question is this: Am I correct? ( I don't see how I am incorrect, though, given what I know about copyrighting SR copyright recordings).