Backing track copy protection

[dmb]

Back around 2009 or 10 when I was active at Main Stage I made a track to Beelzebobs BT Soleburner. I have since resurrected the song and made some instrument arrangements and my band is thinking of doing it. The BT was ordinary blues progression with a walking bass, but it did have a bit of a signature riff throughout. I'm wondering Ethically, legally and financially how this fits with the BT agreement as stated by HB. Its somewhat rhetorical because we don't normally announce or print the names of the creators of any of our material, we play almost exclusively nursing homes and church festivals for $125/5-piece band and we don't make recordings so chances of us making big time or even making any money at all for the song are much less likely than hitting the lottery. But just for the record, does the HB agreement apply to the actual BT or does it mean live performances derived from the BT, including the name?

[Beelzebob]

Hey dmb,

Rick will have to answer your question, but from my perspective, I have no problem with you using it. 

Are you still working on powerbender tuning?  You were making good progress with it.

[dmb]

Funny you ask about Powerbender. I had a whole set that I tuned Powerbender and I learned a lot about tuning them and using them. I used that for about a year, but then decided to go back to standard probably the main reason was the 4-5 draw chord dissonance. But I kept a few tuned that way and actually that Soleburner was done with it and the standard tuning is too difficult for me to hit the overblows quick enough to  play that tune so I still use the PB for it.

[Matt]

Back around 2009 or 10 when I was active at Main Stage I made a track to Beelzebobs BT Soleburner. I have since resurrected the song and made some instrument arrangements and my band is thinking of doing it. The BT was ordinary blues progression with a walking bass, but it did have a bit of a signature riff throughout. I'm wondering Ethically, legally and financially how this fits with the BT agreement as stated by HB. Its somewhat rhetorical because we don't normally announce or print the names of the creators of any of our material, we play almost exclusively nursing homes and church festivals for $125/5-piece band and we don't make recordings so chances of us making big time or even making any money at all for the song are much less likely than hitting the lottery. But just for the record, does the HB agreement apply to the actual BT or does it mean live performances derived from the BT, including the name?

The chord sequence can't be copyrighted, and the walking bass would be difficult to prove was unique, but the signature riff and it's melody would fall under copyright.

[dmb]

Clearly, if our live performance sounds similar and has the same name as the original backing track there would be a copyright issue, however, the bass line is completely different and the song melody is all my own of course so the only real similarity is one guitar or maybe piano line which is actually only the chord progression arpeggiated. So the issue is blurred a bit, but my question is not really about copyright. I think that would begin to involve royalties and ASCAP and such. My question is more about how the Permission Statement included with the BT page applies. The Permission Statement isn't quite the same as copyright laws. If we are playing a similar sounding live song, are we using the BTrack or STrack or does the Permission Statement apply to the original recorded BTrack or STrack?

[Rick]

I would just reflect Beelzebob's thoughts, since he made the backing track.   So you are free to do with it as you wish.

I would be happy with a mention, but expect $0 from it.   We are here to spark creativity, not leach off it.  :-)

[dmb]

Great answers all. I do try to spread the word about Harmonicaboogie.com any chance I get.

[Lips Angelo]

Thanks.  I had sort of the same question a couple of years ago.  I'd asked Beelz specifically about some of his tracks but wasn't sure about using ideas from other bts.   

Mike

[Aaronevels]

I see. My school cant get an orchestra, and is struggling to find a backing track. Im gonna be pretty devastated if there isnt one at all >_<

[Beelzebob]

Aaronevels,

What kind of backing track is your school looking for?  Karaoke-version.com is a great source for backing tracks and only two dollars per track.  If that doesn't work, give me all the details for what you need, and maybe I can help.