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Looping n Backing Tracks

posted on #1
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Posts: 21
Joined: 11.10.19
Looping n Backing Tracks

Looping is not new in fact its been around since recording started back in the 50s looping was done by copying a section of tape many times then spicing them together . The producer George Martin ( Beatles) used a lot of looping on later Beatles albums Sargent Peppers,White Album classic examples.
In modern times it's become very easy now with modern Daws and software .
Now is looping cheating somehow because the music is played and recorded only once .
I say no because its a production tool like any other production tool in a producer's bag of tricks .
Vocals is a good example you record 4 or 5 takes pick the best one's to patch together as a main vocal track . Lines that are repeated through the song you pick the best take of that line and use it over and over where the song calls for that line to be repeated ,chorus is good example. So its basically a loop .
Now sampling a commercially released track and using a few bars from it in a loop can get you into trouble especially if theirs a melody in it .
Backing Tracks which are mainly just drums ,bass, rhythm no melody ,chord progressions cannot be copyrighted , if they could no one would be able to make music without breaching copyright. But the sound recording can be copyrighted of the original track .
Now most backing track companies allow the use of there tracks under certain conditions .
You can use them to practice add different parts etc etc. Add vocals etc which is a melody .
Now theirs the question of what you can do with this track
1 You cannot release it on Spotify etc etc even if you added your own melody but you can record the whole track all the instruments using the same chord progressions then you own the sound file .
Lastly can you post that backing track with your musical adds to sites like Wikiloops ,Redit, and others basically jam sites under a non commercial creative licence .
Well most backing track companies are ok with this as long as no is one making money from it .
Now streaming which is what you do when you listen to a track on Wikiloops ,seems to be an area of confusion .
Streaming on a commercial site Spotify etc people are paying for it .
Wikiloops your streaming free and no one is getting payed .
To end , my next upload is a song called Even Kings Turn to Dust its a 5 min sample from a backing track which run for 12mins just drums,bass,rhythm. PS I ask the backing track composer if it's OK to use it and he said OK he encourages people who use his tracks to post and share their creations on non commercial jam sites )
I always try to pick wikiloops tracks first for my projects but sometimes I find the inspiration elsewhere for a lyric being a singer I don't have the luxury of just creating a riff on an instrument I write by listening to a groove over n over fitting lyrics to it .
So would be good to get some thoughts and some points of view on this subject
Happy Jamming
Bluesjamer
posted on #2
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Joined: 30.12.10
Bluesjamer wrote:
Now streaming which is what you do when you listen to a track on Wikiloops ,seems to be an area of confusion .
Streaming on a commercial site Spotify etc people are paying for it .
Wikiloops your streaming free and no one is getting payed .


Hey Bluesjammer, let me address that really quick - your interpretation of the situation is basicly correct from a human perspective, but a lawyer will very likely reach a different conclusion on the non-profit status of wikiloops.
Here is why: A quick lookup of "who is operating wikiloops?" reveals that it is operated by a company named "wikiloops media U.G.", which is a german type of limited company.
The wikiloops media is registerred as a regular business, without any legally confirmed non-profit status, so a lawyer would rightfully start off by stating that anything offered by a business falls into the category "commercial" and cannot be private use.
wikiloops does earn money from membership contributions and advertising, and spends that money on server cost, maintenance work and beaurocratic efforts of operating a business.
So, there are both people who are getting paid to upkeep the service, and efforts to round up the needed budget to do so.
You are correct: Nobody is getting anywhere near rich in the process, but still, these are commercial activities.
wikiloops is not a private person-like entity with whom you might be entitled to share the looped material you are referring to. wikiloops is a business entity like spotify or youtube, the question wether something is commercial or not is not tied to the question of "is it free to use?".
You wouldn't think stock marked traded companies like p.e. Google/Alphabet were anywere near non-commercial, just because google search and youtube are free to use, right?

So, bottom line, whilst it is most likely true that the creators of backing loops who allow private use and sharing among likeminded individuals would probably be OK with their loops ending up on wikiloops,
that is just an assumption which is not legally backed by the averge "free for non-commercial use" license.

So much for the legal implications between backing loop producers and using their works-
but let's look just at you & wikiloops for a second here:
When ever you upload a track to wikiloops, you need to confirm two checkboxes to clear the legal situation between you, your track and wikiloops.
In the first one it says: "I confirm to be the author of this creative work, I have not made use of music or lyrics which fall under third party copyrights".
If you check the checkbox next to that paragraph and continue to upload, then that is a legally binding statement, and as your partner in that "contract", wikiloops expects your confirmation to be correct.
If you are not the author of the track, you shouldn't check that box - simple as that.
That gives everyone a clear outline of what is allowed on wikiloops, and it does spare us to have to do legal research on the license terms of a bunch of loop producers or to argue about the commercial/non-commercial status of the wikiloops project.
I am aware that above-stated rule is broken every now and then, and as a musician I can relate to the "I need to upload this now!" release-party feelings that let one skip the smallprint.
As the CEO of wikiloops media UG I can only point at the rules and encourage anyone to act responsibly.
With the ever-limited budget a small niche platform like wikiloops operates on (check the transperency reports some time...), a single lawsuit about some thoughtlessly uploaded track can bring a lot of trouble for your favorite jamming website.

Hope this helps understand the situation from a different angle.
posted on #3
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Posts: 21
Joined: 11.10.19
https://youtu.be/TRAt9UbcTOs backing track composer explains perspective on copyright
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