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Old 09-20-2021, 01:01 PM
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Quote:
Originally Posted by gtrplayer123 View Post
I am now realizing using backing tracks may be more legal headache than necessary.

I thought if I bought them from a legitimate source I could use them, but now see the public performance licensing issue are widespread.

Would the producer/seller of the tracks not have already paid the royalties already?

I dont want overstep legal bounds.

Any advice...? thanks
I am not a lawyer but... I don't think copyright law is applied differently for backing tracks than for musicians playing and singing covers without backing tracks. Assuming that's the case, the burden of securing (or evading) copyright applies to the venue, not the musician. In practice this means the bars/breweries/wineries etc. pay a fee to major rights holders (ASCAP and BMI are the largest I believe), or they hope they don't get discovered and reported for violations. (There are also cases where Mom and Pop venues genuinely don't know they have to pay, but if discovered, they're still compelled to pay up). But the performing artist doesn't pay.

The above is my understanding of the law in the U.S., for public venues. I read somewhere that the law differs for private events--perhaps really small ones?--but I don't know if that's true. Separately I assume the outfits selling backing tracks to covers have to pay for those rights as well.
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