copyrights : general information

The following has been prepared as a guide to users who may be unsure as to their rights and obligations concerning copyrights in Backing Tracks and conditions of use. Please take the time to read it carefully as it affects everyone from programmers and distributors to you - the end user.

The term 'Backing Track' shall be used to describe a musical backing track in any format including but not limited to MIDI Song Files (SMF, MID etc.), MP3s, Audio CDs, MiniDisc, Cassette or any other format now known or devised in the future.

All musical works are protected by copyrights as well as other rights such as synchronization rights, re-adaptation rights, graphical rights (printing sheet music) and other rights too numerous to cover in this document.

Is it okay to copy, give away or sell my Backing Tracks In Any Format?

Backing Tracks in any format are protected by copyright law making it illegal to produce unauthorized copies without the written permission of the copyright owner. We invest enormous time, effort and money into our files so we are awarded protection throughout the world by the Copyright Act - and so we should be - royalties are paid to publishers who represent the writers of the works.

What do I get out of buying Backing Tracks?

You are not buying the Backing Tracks - you are licensing them for your own personal use. You own the media containing the Backing Tracks - not the Backing Tracks themselves. More importantly, you receive legit virus free files with second to none backup support plus the knowledge that purchasing through us, you contribute directly to the continued production of even more quality product.

What does the law say about copying Backing Tracks In Any Format?

The law says it is illegal to make or distribute by any means, unauthorized copies if copyrighted material. Apart from facing a civil suit in court, fines of up to £3000 ($6000.00) per offence for an individual and more for a corporation are now standard. 6 months Imprisonment is also highly likely. This is not just English Law - it is copyright world-wide that is the issue here.

What is the actual copyright in Backing Tracks?

INTELLECTUAL PROPERTY - owned by the producer and/or the assigned copyright licensee of the product. It applies to 'the works' which is a combination of the properties which constitute the Backing Track. Further to this, if we're talking Backing Tracks in any format - there is also the copyright in the actual song itself, owned and/or controlled by the songwriter and policed by their respective publishers.

Can I modify a Backing Track?

In the case of Backing Tracks supplied in MIDI format - you are licensed to modify them for your own personal use including key and tempo changes, mutes, etc. You can personalize our data to suit your specific needs, however the rules above still apply. Modifying one of our files does not make it yours to re-distribute in any way. You are also permitted under our license to make one backup of the original disk for safety purposes only. In the case of audio backing tracks, you are free to use these for your own personal use e.g. demos for agencies etc. but you may NOT load, lease, or use these for commercial purposes of any kind without written license from Heavenly Media. Modifying our MIDI files or Audio Backing Tracks with the intention of selling the results of these modifications to karaoke or any other types of company would constitute serious copyright infringement and Heavenly Media Services Limited would prosecute to the fullest extent of the law.

Can I Upload Backing Tracks to the Internet?

Commercial Backing Tracks (in any known format) are not in the public domain just because they have been released for sale to the general public so the answer is most definitely NO. Even works which are known to be in the public domain are protected by copyright when the works are re-produced by a third party. ISPs, Bulletin Boards, User Groups and every other on-line or off-line service are bound by the same laws and penalties that apply to individuals and/or corporations.

Can I make commercial records or use them in Multimedia?

Yes - BUT only subject to contract between Heavenly Media and the company or individual making such use. including demos or multimedia applications. There are a good number of professionals using our data in this way by way of contract or other agreement. Schools and other institutions are also bound by the same rules that apply to other persons or organizations.

Can I make commercial RingTones in any format using Heavenly Backing Tracks?

Same answer as above - only subject to license.

To sum it all up - No one is exempt from copyright law and this is not just a UK law - copyright laws apply WORLD-WIDE!

DO NOT PROMOTE PIRACY!

DON' T SWAP
DON' T RE-SELL
DON' T DISTRIBUTE
DON' T GIVE COPIES AWAY

This will hurt you more than it will hurt us as anyone found to be indulging in any of the above activities will be prosecuted to the fullest extent of the law.

Doing so will also lead to inflated prices, law suits and very messy situations where often, it is more trouble than the offender bargains for.

Do the right thing. This way, we all support EACH OTHER. We program to the HIGHEST QUALITY which for gigging musicians means staying in work! Piracy threatens the future of ALL OF US.

If you are aware of anyone conducting illegal activities of any kind with respect to commercial backing tracks, please contact us. All correspondence will be treated with the strictest confidentiality.

Click here for more information on copyright law.

Thank you for your continued support.

Intellectual copyrights are applicable on all of our products. Furthermore - all HM products in MIDI, audio and other formats are protected through proprietary watermarking technology containing a customer's name and country of purchase as well as transaction ID allowing us to track unauthorized distribution. The type of watermarking employed remains embedded in our products even if it is edited in any way. Note that some anti-virus scanners may report a virus when scanning such files even though there is no malicious code so you can safely allow access.