SLMC

Vlad · Joined: 29 Jul 2009 Posts: 13

Hi there,

I've read through the threads on Copyright.

But hoping someone can tell me what the score is on using instrumentals and karaoke backing tracks.

Some of which have been purchased on itunes, some are karaoke CDG's etc...

What are the implications/copyright issues?

Am I ok to use these for my live shows and not have to worry about Copyright etc?

I know and have heard many singers that use them, but don't think they have any licences etc?

Thanks,
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Vlad

Silas Scarborough · Joined: 04 Sep 2007 Posts: 1635 Location: None

This topic comes up every six months or so and that's no slam on you for asking it as the question has never been answered. The only answer I've seen that had much logic to it is that there isn't enough money in SL to matter so there are no rules.

For me, by far the worst part of SL is the evangelizing on what's 'real' music. Beware the rules. If you discover one, break it! (laughs)

For me, by far the best part of SL is that it doesn't matter a tinker's damn what anyone else's rules are.

So long as the RIAA can make more money busting schoolkids than they can SL performers, they won't be around.
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Blindboy Gumbo · Posted: Thu Aug 20, 2009 2:31 pm Post subject:

Krell Karu · Joined: 18 Jul 2008 Posts: 45

As practiced, I agree with Silas and Blindboy. You can reasonably expect to not have the ASCAP police (or any other such entity) beating down your door for performing tunes inworld written by others.

However, let us not delude ourselves. Strictly speaking, to perform music to which others hold the copyrights, without license (compulsory or otherwise arranged) is illegal in most countries.

So the jackboots aren't likely to come crushing down upon you. But they can, and likely would, if it were worth their while.
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Nad · Joined: 05 Sep 2007 Posts: 541 Location: at my puter.

TIP: reading of long posts is easier if you shrink the horizontal size of your browser window to be more book like in line length.

TIP #2: skipping long posts is even easier.

Enter "performance licence backing tracks" into google and you can get a lot of information on this topic.

In a nutshell, places that sell backing tracks should inform you of licensing issues. Many suppliers are selling you a performance license in addition to the track you purchase. This will not give you a license to record and distribute a song you sing to a backing track. That is a separate issue altogether. There are a very few suppliers who can provide you with a "mechanical license" (record and distribute) if you need that, though due to the variance of copyright law internationally, not all songs are available for this mechanical license in every nation.

The way this works is that when you buy a backing track (from a supplier who grants you a performance license) part of the cost to you goes toward the supplier paying for your licensing.

Fewer suppliers will deal in mechanical licensing for a number of issues, including the complications of international copyright law and a rather low demand for this. That is, very few people are going to want to make a recording for sale using a canned backing track. If you do want this licensing you will pay more for that track then you will for a performance license only track.

All that said (including googling up your own information that will certainly include additional information, most of which is country-specific), the crux of the issue may be as follows:

1. Virtual world performances are really not part of any copyright law that I know of, primarily because most copyright law was written before virtual world performances ever took place.

2. The profitability of performing in SL is very questionable. For instance, before you make an actual profit from performing you will need to make more than the cost of your internet connection. Copyright law is written to protect artists from having others profit from their works. No one is going to come after you unless you are profiting from someone else's's work.

3. Affecting 2. is the very real limitation of the number of people that can actually attend your performance (less than 40 mainland, maybe double that for other areas. Also a factor would be the actual audience numbers for most of us that is way way less than the number possible.

4. The linden dollar to native country currency (dollars, euros, etc) exchange rate is wide. A great tip in SL might hardly be mentionable in RL. Another way to say this is that copyright law enforcement seldom (I did not say never) enters into RL live performance of covers played for a small RL currency fee and/or tips. In the US, given the exchange rate of roughly 260L to $1, you have a 1/260th chance of being examined by those who examine very very very few live performance of covers. My math totally sucks but you get the idea.

As you can see, this issue - while of course being a valid question/concern - has ambiguousity coming out the ass in terms of licensing requirements which vary not only country to country but song to song per country. If the live performance of covers (backing tracks or not) in SL was of concern to copyright holders and enforcement agencies, it could only be to be mean and nasty. Copyright law isn't written to support mean and nasty behaviour - it is written to protect the copyright holder from others profiting from their work.

EDITED to remove more than half of this post what had NOTHING to do with the topic, scuze me.
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