Hello,

With the increasing number of music books now being accompanied with good quality backing tracks, I’ve found it enjoyable to dub over the lead part, which I assume is fine for personal use. In one book it suggests doing just that to help improve and refine the students performance.

The issue of copyright comes up however if I want to post either the whole thing or excepts of it on the web. The purpose for posting it on the web would be ‘educational’ i.e. seeking feedback from forum members for example. There would also be a copyright issue if I recreated a backing track based on someone else’s composition.

I’m unclear about the difference between the MCPS and PRS but does anyone know if there is a licence from either organisation that would cover the above situation?

Or would I be better trying to seek clearance from the individual music publishers?

Any thoughts or suggestions would be gratefully received.

Best Wishes,

Chris

They now are part of the same organisation, but still with different functions. MCPS is to do with copyright royalties based on mechanical copying, e.g. on CDs and is paid per CD sold or pressed. PRS is to do with public performance and royalties paid per performance, either live or when a CD is played on the radio etc.

But they actually do have a licence you can use to legally put audio on the internet, called LOEL = Limited Online Exploitation Licence and covers any liability you have to the composer/publisher. But assumes that the owner of the actual recording (ie the backing track) has granted permission to use the backing track.

I get one for the music examples on my site, it's not too expensive.

This I'm not sure about, nobody ever thought of Youtube when Music Minus One or Aebersolds where first invented.

I'm very sure it would be wrong to distribute the raw backing track, but with your performance on it, at least you aren't exposing the owner of the backing track to having the track copied by more people.

Hi Pete,

Thanks for explaining the difference between MCPS and PRS. I remember dealing with one of them while back for a short film project, it was a simple case of using library music with set prices depending on the length and where it was being used.

The LOEL with permission from the composer/publisher is the ideal solution however I wonder how much luck I’d have getting the permission. It’d be worth a few phone calls or e-mails in any event.

I figure the publishers of the play-alongs, Aebersolds, HL etc know that people are playing along to their backing tracks for functions, busking, and putting up recordings on the web. It might actually work in their favor if it attracts more customers. Morally though I can’t do that, I’d want to have permission and an easy conscience.

I guess one answer is to come up with completely original compositions and play and record the whole thing myself, if only I had the talent!

It'll be interesting to see if I get anywhere with my inquires.

All the best,

Chris

No, with the LOEL you don't need permission from the composer/publisher. Only the owner of the recording,e.g. Jamey Aebersold.