Copyright

I have recently been asked to produce some partial backing tracks of various well known songs. The tracks are to be used by a group who don't have brass / string sections etc... So most of the key instruments will be missing from these, so no drums, bass, guitar, vocals (melody). There will be brass, strings, percussion, synth lines, may be piano etc... along with a click track.

 

Various people are now asking me to produce these for them and are asking me to sell them ones I have already done, or pay for others.

 

So as I am earning cash from this where do I stand with copyright? I know I need to pay someone, but who do I pay and how much do i pay?

 

Thanks!

You are not selling compositions, you are selling your playing, arranging and mixing work which is not copyrighted. If someone takes your work, which is based on someone else's copyright, and publishes, performs or broadcasts it, then they need to obtain the performing/broadcasting/publishing rights for this

You are not selling compositions, you are selling your playing, arranging and mixing work which is not copyrighted. If someone takes your work, which is based on someone else's copyright, and publishes, performs or broadcasts it, then they need to obtain the performing/broadcasting/publishing rights for this

 

Thanks. So If I were to make these tracks available as downloads from a website, or through an app where the user pays me per download, legally I am not infringing any copyright? That only happens once the track is performed / broadcast?

Well, if you offer them on a website, ready to download, you're essentially making them public. You need to put them behind a paywall and also make it very clear to the buyer that they themselves need to take care of the performing rights should they want to go public with this.

So if I supplied them via an app where by the user selects them from a list and has to make a payment to me before they can download each track. The tracks are then stored within the app itself and not accessible to any other music players or devices. The tracks can only be played using the app. Am I still ok? I just want to make sure I am doing everything correctly legally!

I would think so. For bulletproof facts ask a lawyer.

Technically you should apply for a mechanical license for each song.

 

However, You can just claim you're making a loss on the tracks anyway so it's classed as non-profit. Once you add up the cost of the equipment, instrumentalists time, managing of content delivery etc.

 

So, at that point the worse that can happen is you're issued a takedown notice and you walk away. Depends what platform you host on as to whether that's a possibility (i.e. if it's being scanned by agencies).

 

All this copyright business just centers around money, youtube lay down and allow copyright strikes easily so they don't have to pay content creators and instead the money goes back into their advertising partners. To face actual legal action you'd have to be pushing things on a grand scale, refuse takedown notices AND most importantly have some money that they want from you!

 

From a non-profit standpoint i think crediting the original artist with a "In the style of Maroon 5" tag or something in the listing is morally good.

"Careful, careful!!"

 

When you say, "well-known songs," you are probably talking about songs that are copyrighted by someone!

 

Therefore, I would suggest that you begin by exploring the web-sites of the three best known American "Performing Rights Organizations (PROs)": https://www.bmi.com, https://www.ascap.com, and https://www.sesac.com/.

 

Each of these web-sites contain helpful links which will assist you in researching exactly who owns the rights to the "well-known" material that you are interested in using, and exactly how to do so legally in your particular situation.

 

Personally, I'm a huge believer in: "ask before you do it," "ask nicely," and "keep your nose clean." It might well be that the owners of these rights will just be flattered that you're giving them a little free advertising.

 

But, nonetheless, keep records! (Lawyer-speak: "Due Diligence.™")

• Exactly when did you ask? Exactly what did you say?
• Exactly when did they respond? Exactly what did they say?
• Did you think that you came to an agreement? Exactly why do you think so?
• Did you, upon encountering a situation that might have been a proprietary-rights situation, respect those rights and pro-actively seek to uphold them?

 

"Dot your i's and cross your t's," and keep those notes forever.