Is what this person doing illegal

faolteam · 16 Feb 2011, 23:58

somebody is selling something on a certain web site its

MEATLOAF PROFESSIONAL RECORDED BACKING TRACKS,

there are other Artists too on the list

is this person just mixing from a cd

any clues

Wario · 17 Feb 2011, 00:41

No you can sell tracks you get made.

Ive sold my custom amnesty track for 30 bucks in the past a couple of times. haven't gotten my 180 dollars back plus profit, but its always for sale.

**Monstro** · 17 Feb 2011, 01:03

I beg to differ, I'd assume you'd need permission but at the very least there would be royalties to pay.

Wario · 17 Feb 2011, 01:15

Quote:

Originally Posted by Monstro

I beg to differ, I'd assume you'd need permission but at the very least there would be royalties to pay.

depends on who you get to make your track. mycustomtracks has a thing were the track you get made is yours and you can sell it. If you were to put it on a cd and release it through a company or broadcast it then yeah, youd need to pay royalites.

If this cd the person is selling has tracks he got made, then he should have a right to sell them. though I dunno if all Backing track companies work like mycustomtracks.

But Then again ... CD-Rs are not allowed on most sites like ebay and such.

**Monstro** · 17 Feb 2011, 02:10

Quote:

Originally Posted by WarioLoaf

depends on who you get to make your track.

And whether they're doing it legally

Wario · 17 Feb 2011, 12:44

Quote:

Originally Posted by Monstro

And whether they're doing it legally

True.

LucyK! · 17 Feb 2011, 15:05

Not following this...surely it would be illegal based on the fact that you're selling someone else's music without permission, regardless of where it came from? Even if you went right back to basics, surely the music from BOOH is Jim's music because he wrote it and has given permission to certain people to use it, so it would be illegal for anyone else to?

I think I'm going down the whole royalties/copyright route...

**Monstro** · 17 Feb 2011, 15:40

Quote:

Originally Posted by Lucy!

Not following this...surely it would be illegal based on the fact that you're selling someone else's music without permission, regardless of where it came from?

Yup

Quote:

Originally Posted by Lucy!

Even if you went right back to basics, surely the music from BOOH is Jim's music because he wrote it and has given permission to certain people to use it, so it would be illegal for anyone else to?

Yup

Quote:

Originally Posted by Lucy!

I think I'm going down the whole royalties/copyright route...

Which is a road that the above named mycustomtracks don't seem to travel down, saying that once they've made your track you are legally allowed to sell it and is owned by you is laughable, you may "own" that mix but you certainly don't own the copyright that the mix was made from.

LucyK! · 17 Feb 2011, 15:52

Exactly - it's like me making a handbag made from stolen fabrics and saying it's OK because I did the sewing

Wouldn't touch it with a barge pole. Or anyone else's barge pole for that matter.

Wario · 17 Feb 2011, 17:20

Quote:

Originally Posted by Monstro

Which is a road that the above named mycustomtracks don't seem to travel down, saying that once they've made your track you are legally allowed to sell it and is owned by you is laughable, you may "own" that mix but you certainly don't own the copyright that the mix was made from.

yeah you dont own the song but you can sell the track. for a brief 6 month window you have the custom backing track exclusively. not the song.

After that 6 month window, they put it on their site and sell it on a special download server for members.

But I only sold the track to some tributes who wanted it. Its not like you make money from it lol. Amnesty cost around 160 bucks to make.

**allrevvedup** · 17 Feb 2011, 17:22

Quote:

Originally Posted by WarioLoaf

yeah you dont own the song but you can sell the track. for a brief 6 month window you own the custom backing track exclusively. not the song.

After that 6 month window, they put it on their site and sell it on a special download server for members.

doesn't sound right at all...they have to pay whoever has the rights to the song

Wario · 17 Feb 2011, 17:27

Quote:

Originally Posted by allrevvedup

doesn't sound right at all...they have to pay whoever has the rights to the song

they probably do. maybe thats why they are so expensive.

Paris Music does that too. Sean posted a link where they were selling the Los Angeloser backing track awhile back.

faolteam · 17 Feb 2011, 17:50

whats ur email warioloaf

Wario · 17 Feb 2011, 18:38

Actually, come to think of it what that person is doing, while probably not illegal, is most likely against the rules of whatever site their selling it on. I know ebay wont allow people selling custom CDs. I wouldn't doubt most places like amazon and buy.com are like that too.

Quote:

Originally Posted by faolteam

whats ur email warioloaf

faolteam · 17 Feb 2011, 19:41

they dont mention Cd but i presume it is

Julie in the rv mirror · 17 Feb 2011, 22:25

Quote:

Originally Posted by Lucy!

Not following this...surely it would be illegal based on the fact that you're selling someone else's music without permission, regardless of where it came from? Even if you went right back to basics, surely the music from BOOH is Jim's music because he wrote it and has given permission to certain people to use it, so it would be illegal for anyone else to?

I think I'm going down the whole royalties/copyright route...

The songwriter has the right to decide who records the song the first time, but once it has been recorded, anyone can record it without permission, provided they don't substantially change the melody or lyrics. They DO however have to pay royalties. So, as Wario has said, maybe this company does just that. I would think if you paid to have the track made, you own that particular track, thus you can sell it.

(Provided you pay royalties).

**Monstro** · 17 Feb 2011, 22:57

Quote:

Originally Posted by Julie in the rv mirror

The songwriter has the right to decide who records the song the first time, but once it has been recorded, anyone can record it without permission, provided they don't substantially change the melody or lyrics. They DO however have to pay royalties. So, as Wario has said, maybe this company does just that. I would think if you paid to have the track made, you own that particular track, thus you can sell it.

(Provided you pay royalties).

But what they are doing is taking a copy written recording, for example Amnesty off WTTN, they're not rerecording the track they're using someone else's recording and by offering turn around in a few days there's no way they're getting permission off Warner to do that.

Julie in the rv mirror · 17 Feb 2011, 23:08

Quote:

Originally Posted by Monstro

But what they are doing is taking a copy written recording, for example Amnesty off WTTN, they're not rerecording the track they're using someone else's recording and by offering turn around in a few days there's no way they're getting permission off Warner to do that.

Ah, so I misunderstood- I thought they were re-recording.

Then, I have no idea.

Wario · 17 Feb 2011, 23:15

Quote:

Originally Posted by Monstro

But what they are doing is taking a copy written recording, for example Amnesty off WTTN, they're not rerecording the track they're using someone else's recording and by offering turn around in a few days there's no way they're getting permission off Warner to do that.

they recreate the track without the vocal and they take up to two months to complete.

loaferman61 · 18 Feb 2011, 02:44

Posts on here are more concerned about the law than my local police are about major crime. Geez people.

Pudding · 19 Feb 2011, 22:07

Quote:

Originally Posted by Lucy!

Not following this...surely it would be illegal based on the fact that you're selling someone else's music without permission

Not if the rights of the song were made public.

16 Feb 2011, 23:58	#1
faolteam Super Loafer Join Date: 28.05.2002 Posts: 244	Is what this person doing illegal somebody is selling something on a certain web site its MEATLOAF PROFESSIONAL RECORDED BACKING TRACKS, there are other Artists too on the list is this person just mixing from a cd any clues Last edited by faolteam; 17 Feb 2011 at 00:03. Reason: .

17 Feb 2011, 00:41	#2
Wario Monstro helps me spell things... Join Date: 05.01.2007 Location: Masculine, Pennsylvania Posts: 9,105	No you can sell tracks you get made. Ive sold my custom amnesty track for 30 bucks in the past a couple of times. haven't gotten my 180 dollars back plus profit, but its always for sale.

17 Feb 2011, 01:03	#3
Monstro Promoted to Wario's spellchecker Join Date: 17.09.2005 Location: London Posts: 12,947	I beg to differ, I'd assume you'd need permission but at the very least there would be royalties to pay.

17 Feb 2011, 15:05	#7
LucyK! The Monster Is Luce Join Date: 14.04.2002 Location: Posts: 7,547	Not following this...surely it would be illegal based on the fact that you're selling someone else's music without permission, regardless of where it came from? Even if you went right back to basics, surely the music from BOOH is Jim's music because he wrote it and has given permission to certain people to use it, so it would be illegal for anyone else to? I think I'm going down the whole royalties/copyright route...

17 Feb 2011, 15:52	#9
LucyK! The Monster Is Luce Join Date: 14.04.2002 Location: Posts: 7,547	Exactly - it's like me making a handbag made from stolen fabrics and saying it's OK because I did the sewing Wouldn't touch it with a barge pole. Or anyone else's barge pole for that matter.

17 Feb 2011, 17:50	#13
faolteam Super Loafer Join Date: 28.05.2002 Posts: 244	whats ur email warioloaf

17 Feb 2011, 19:41	#15
faolteam Super Loafer Join Date: 28.05.2002 Posts: 244	they dont mention Cd but i presume it is

18 Feb 2011, 02:44	#20
loaferman61 Mega Loafer Join Date: 27.03.2003 Location: In the dark Posts: 1,557	Posts on here are more concerned about the law than my local police are about major crime. Geez people.