A copyright question

[alfstone]

I have a curiosity. Did the site have ever problems with copyright? I mean, we all post covers...did anyone of the admins ever receive something like "Hey, you cannot do that!"?

By this point of view, I think that probably it would be better if the listening of the songs was allowed not to everyone, but only to the subscribers...

[Flash Harry]

Alfredo,

Not to my knowledge, 64Guitars may have a different experience which I am sure he will share.

The majority of the stuff is clearly not  for commercial gain, that which is happens to be original work and therefore the property of the poster.

If we were asked to take a covered song down, I am sure that we would and I'm sure that we would all understand the reasons for it. I can't imagine however anyone taking offence at our little community and the harmless fun we have with music.
 

[64Guitars]

There have been no problems like that since we took over the site in March. Pedro didn't mention any either, so I assume that he didn't receive any copyright complaints when he was the administrator and owner of the site.

I think we should be more concerned about the legality and ethics of recording over commercial backing tracks and posting them. The companies and musicians who produce those tracks are not being paid or even given credit for their work. And members aren't merely covering the songs with their own versions. They're posting the actual commercial recordings. I think we should ban the use of commercial backing tracks to avoid any legal problems. There's really no need to use backing tracks anyway since there are so many talented musicians here who are willing to collaborate. And perhaps some of our members would be willing to post some original backing tracks for others to jam over. At least the backing track jams would be legal that way.

[Saijinn Maas]

64G -
This would exclude backing tracks that are downloaded from places like Guitar Center King of the Blues contests, or anything similar? Since they usually provide free, professionally made, BTs.  For example, the BT for the Sunny Challenge I posted was made specifically for a contest being held by Greg Howe himself.

I am unsure as where guitarbackingtrack.com gets their BT's from. A lot are midi, but quite a few sound like real BTs.

 

[IanR]

There's really no need to use backing tracks anyway since there are so many talented musicians here who are willing to collaborate. And perhaps some of our members would be willing to post some original backing tracks for others to jam over. At least the backing track jams would be legal that way.

I kind of agree with this.  Part of the recording process for me is creating my own backing tracks.  I do this a lot and then I record different versions of lead over the top.  In my opinion, thats why MR Boss created the MBR.

BUT I do also sometimes play along with backing tracks which come along on the cds sold with guitar mags.  I get he feeling that it would ok to post music on our site over the top of these, as long as we aren't trying to make money from it - but I'm no lawyer.

Having said that, I also don't like rules.  I like to do what I like until someone says stop.  You will usually get a warning before anything bad happens. Worrying about the time you think someone is going to say stop takes the fun out of life.

[Tony W]

There's really no need to use backing tracks anyway since there are so many talented musicians here who are willing to collaborate.

I'm not opposed to eliminating the use of backing tracks, but I couldn't disagree with that statement more.

If there were a legality issue with backing tracks, sites like guitarbackingtrack.com would be the first to show signs of it. If legal action were to be taken, it would start with the sites offering backing tracks, not here.

I for one, couldn't strum a chord when I started on this forum. Backing tracks are a fantastic source for learning.

Add to that, There has never been a long list of members creating backing tracks, though there are a few out there.

My door certainly isn't getting beaten down by people who want some beginner level guitar on their tracks.

Also, I am way too ashamed to ask a talented musician to make a backer for me to play with. Ultimately, I want to make music from scratch, but I've not developed the tools to get whats in my head all the way to the recording device. I'm assuming I'm not alone in this.

I got started into music from this site, and learned to play with the use of backing tracks, and an incredible support system, including free lessons. I know of quite a few more people with a similar story, and I'd hate to see people discouraged from utilizing a valuable tool. I owe songcrafters a debt of gratitude for what I've gained from this site, and my loyalties will remain here.

SUMMARY

Backing tracks serve a fantastic purpose, unless we intend to shun beginning musicians now. They afford an opportunity for struggling musicians to develop chops, and hopefully usher them (myself included) into a fantastic journey. If songcrafters were to eliminate the use of backing tracks, then I'd hope we could redirect those members to a site where their efforts would be appreciated.

[T.C. Elliott]

I get he feeling that it would ok to post music on our site over the top of these, as long as we aren't trying to make money from it - but I'm no lawyer.

It is illegal to use, post, change or adapt another persons property, intellectual or not. However, the person who owns the rights to the song will have to request that you stop disseminating it and you would have to refuse or not act in good faith before the owner would be entitled to monetary compensation. That is why so many sights say, "we are posting this as a service to the fans of music if you feel we are violating your rights let us know and we'll remove the content immediately."

Of course if they tell you to do so you have to actually remove it. So in short, the site is protected until such time that someone claims copyright infringement AND the site refuses to remove the content in a timely manner. And then only the content in question must be removed. The copyright owner does have the responsibility to prove ownership as well. So I couldn't claim that Billy Bob Joe Ray over there was infringing on someone else if I didn't have any ownership.

As far as backers go.. the only one's I've posted have been the instrumental tracks to finished songs with either the lyric or the lead or both removed. I do so few full band arrangements that it hardly seems worth it. But if there were a need I'd find some time to do a few.

[Flash Harry]

Some members of our community like using backers. I see it as part of the site and although I don't choose to use them I feel that those who do should have the forum to post here.

I agree with what our good friend Mr Elliott has said, that until someone complains we should not stop backers from being posted.

Thats's my view. I know that it isn't everyone's view and my views should carry no more weight than anyone elses.

I will accept the consensus of opinion here.

[Gu Djin]

Interesting, where would I find a BT for my music?? 

Seriously I think backing tracks that are provided free for others to record over, or the provider has given carte blanche for them to be modified are fine as long as credit is given. The bigger problem may be when the provider of the backing track has not themselves obtained the copyholders permission and distributes for others to use.  Wonder what that position is?

I think that the use of backing tracks should be allowed, unless you receive a desist notice, otherwise we might be spoiling others fun.  Don't want to do that. 

I would never use a backing track as they don't suit what I do, but I do often use clips for effects I couldn't produce in other ways.  Much of the drums I use are built from copyright free clips.  And I have several songs/tunes completely constructed of clips that were done as an experiment, though none are posted on this site - I would say if I had.  Banning BT would throw a spotlight on the use of clips and loops?

I think banning BT would be slippery slope and I hope you leave their sensible use to the good judgement of the members.

Leigh

[Gnasty]

i`ve been jamming to some backing trax today, and i noticed that maybe some of them are copyright infringements themselves.

I noticed that people are not making the backing tracks ,but literally taking out whatever instrument or vocal they want from the original out of the mix from obviously some software.

Is this legal to do???