Originally Posted by Pat Hardy

People must understand that anything you use from "realtracks" are in the public domain. So, if you register an SR Copyright, only the truly unique portions of the recording will be protected (anything but the realtracks). But, caveat: I'm not a lawyer.






You most certainly can copyright a sound recording with Realtracks in them, of course the Realtracks themselves are not "protected" in the sense that other BIAB users can create music culled from the same Realtrack performance, but that doesn't mean that you have to worry about that when having your sound recording that has Realtracks on it copyrighted--there's no need to mention them at all. BIAB users simply know (that other BIAB users might use similar Realtrack performances in their sound recordings) going in, and none would claim SR copyright infringement (over this particular issue), and neither would BIAB (they state clearly the music we create with Realtracks is royalty-free), and neither would the Realtrack performers (BIAB owns the work they did).

And since BIAB software chops up the Realtrack performances into much smaller chunks (of one to four bars per chunk, usually) based on ones chosen chord progressions, the odds of any two songs having specific parts that are identical for more than a few bars is very small.

It's kinda like if different producers use the same session musician. The session musician has a certain style and certain chops, and if one was to listen to various songs the session musician was on, one would be able to spot signature phrases the session musician likes to use. But that fact doesn't render those performances "uncopyrightable" cuz they are not unique.

Careful how you choose to use the words "public domain" as that means a specific thing, as in music with NO copyright claim of ownership, and BIAB (not the Realtracks performers) owns their software and the raw Realtrack performances from which BIAB users then chop up to create their songs with.

The word "unique" is mainly used (in the context of SR Copyright Law) when talking about the overall actual recording in question. The overall sound recording needs to be unique--not every constituent part, like you seem to suggest. In other words, with clearance, I could theoretically use all the samples that make up an old Beck song, for instance. But I can't use them exactly like Beck did, in the same places in the song, with the same chords and rhythms, etc..that would basically be stealing the musical bed he created for that song.

"Sound recording copyrights were intended…to protect against bootlegging,…the unauthorized copying and sale of a recording,…and against illegal sampling,," * --Realtracks does none of that.

BIAB has covered the licensing. Most folks who make and sell loops don't use a two-tier approach of a cheap license for personal use and a "pro" for commercial use, and BIAB has made it clear one's recordings are one's "own" even with Realtracks in them. The BIAB Realtracks session musicians were paid, I imagine, on a work-for-hire basis.

BIAB uses the "session musicians for hire" model from top to bottom. Using Realtracks is not so different from hiring a session musician to play (on a work-for-hire basis) on one's song. The main difference being with a LIVE musician one can hopefully cull more nuance specific to the song in question. wink When using Realtracks one has to apply craft to achieve similar results.

The only thing you can't do is sell Realtracks in their raw state as "loops." BIAB allows for there usage in any type of recording and demo, and one need not put an asterisk in one's SR copyright request. They are just like any loops that you buy. The license allows one to use them in any way you see fit except to turnaround and sell them as loops.

If a BIAB Realtracks sessions player had an issue with their performances being used in a commercial recording (and they haven't), their issue would be with BIAB, not the licensed user, but it would never even come to that. But if I actually had made a bunch of money on a song with a BIAB performance, I'd track down the performer and sweeten his or her Christmas for sure. smile


* https://www.lynda.com/Audio-Music-M...recording-copyright/197192/378157-4.html

Last edited by Michael Zaneski; 10/13/17 03:01 PM.

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