Originally Posted by Michael Zaneski
Hi Pat,

I address this about seven posts up on this page, in response to you there as well. I think there are more substantial things to worry about than if the use of a BIAB track ended up in a lawsuit involving an end-user (license owner). I mean, it's been several years and it hasn't happened yet.

As I said, any real lawsuit would have to be one end-user vs. another end-user, and that would be ridiculous, since BIAB users understand that Realtracks are created from the same source performances and would never sue over Realtracks. This doesn't mean that other things like composition or melody would be safe, but that has nothing to do with BIAB.

One can certainly copyright songs that have Realtracks in them. What, do you think the Library of Congress has a BIAB filter that sounds an alarm when they are used? No. It would take a recording artist that felt violated to come forward and sue another recording artist, and then they'd sort it out either in court or out of, but as I said, it probably wouldn't ever happen over Realtracks..

Mike


I hear ya, and some very valid points you make, but my situation is a little different than that. I have a few compositions, that I copyrighted as masters ( SR copyrights ) and secured publishing contracts, these publishers are trying to get deals in TV and film licensing them. Thing is, I haven't disclosed that some of the recordings employ the use of realtracks, which are, if you go by the definition used in Title 17, in the public domain ( given that they are available to anyone who purchases a copy of BIAB ) so I'm wondering if their lawyers knew exactly what "realtracks" were, would I be breaching the "no samples" clause in the contract I signed? I've been afraid to ask ( I needed the contract, but maybe I'm selling myself short down the road, thing is, I can't afford to hire live musicians ). I didnt make that clear in my previous post, but this is the reason I posted what I did.

Here is an example of the kinds of stuff I do with BIAB, it's great for latin and vintage jazz.

https://soundcloud.com/patricklockwood/you-stepped-into-my-life-1

Last edited by Pat Hardy; 01/18/18 04:03 PM.