License Agreement

I was just looking at some midi loops over at Big Fish Audio and read this License Agreement.........not sure if it's OK to use them or NOT ok??
The bolded items seems to be contradicting no? Or am I just not understanding it?
 
 
 
The Following End User License Agreement is included with MIDI Lab: Funky Jazz Cuts. This License is only valid for the individual who has purchased an unopened, new and lawfully made copy of MIDI Lab: Funky Jazz Cuts from a dealer or distributor authorized by Big Fish Audio.

"Smash Up The Studio audio samples, midi files, chord progressions and musical phrases are licensed to you (not sold) for use within your music productions. This non exclusive, non transferable license is granted to, and only to the individual who has purchased a new copy/copies of our products from smashupthestudio.com, or from one of our authorized distributors. All content remains the property of Smash Up The Studio.

Unlawful copying, selling, lending, uploading to any database, servers or otherwise is strictly forbidden. Any unlicensed usage of our files will be prosecuted to the fullest extent of international law.

All files and musical content contained within our products is licensed, not sold to you for use within your musical compositions, songs, mixes, remixes, albums, records, commercials, jingles, live performances and soundtracks for film TV or theatre. The license does not allow the use of any of our files in the production of sample packs, sample CD's, music audio databases, production music libraries, or any type of downloads.

The use of any of our files whether audio or midi in isolation is strictly prohibited.

You cannot resell, lease, copy, lend, rent, upload or distribute our files.

This license you purchase is for a single user and is non transferable. By purchasing a Smash Up The Studio pack from an authorized source means that you accept the terms of this license agreement."

Generally, it's a common understanding on the concept of selling their content in my own sample pack etc... is illegal, but how they worded it just confused me (a little more than the usual).
 
Thanks Slart....  

These are the two sentences that confused me....
 
Smash Up The Studio audio samples, midi files, chord progressions and musical phrases are licensed to you (not sold) for use within your music productions.
 
 
All files and musical content contained within our products is licensed, not sold to you for use within your musical compositions, songs, mixes, remixes, albums, records, commercials, jingles, live performances and soundtracks for film TV or theatre.

A side note is that if someone were to sample your music, you cannot give or sell the rights to a third party to use if the sample came out of their catalog.
 
A side to the side note, and some of you may be aware, use of royalty free content may trigger a DMCA takedown notice. That is mainly due to the royalty free part was used elsewhere and that use was 'copyrighted'. That was happening a lot with some of the Sony and Cinescore content.
 
I have found scarier language in some of the social media TOS. In short, some of them say outright that if you upload to their site the content belongs to them to use in any way they want.

My own long investigations was about scores. Conclusion: if someone want declare that you have violated something, he/she will, the result depends from the experience of lawyers on both sides. The content is irrelevant...
Pure math: C major has 7 tones, how many different 10 notes sequences exists?
And less mathematical: is there any combination which was NOT used so far by someone?
 
Mentioned loyalty free copyright exists also for scores... Any "edition" of score can be copyrighted. I have failed to find and definition how different it should be from the original, I conclude it can be IDENTICAL. So, if someone typeset some J.S. Bach score and you play using it, you are using copyrighted material.
 
With scores of "popular songs" it is even better: you officially pay for the score, but you are allowed to play in only alone (group should buy respective number of copies) at home, for yourself, your family and "friends". But not when your colleagues are around (even at your home), and nowhere outside your private place. Sure, you are allowed... if you pay per performance. Note, all that is NOT about commercial performance, NOT recording, NOT professional! If that is the case, you are either not allowed at all or should pay more (much more). At least here, in Germany, it is so fancy
 
So, the best advise - do not think about it, the live is short...

azslow3
Mentioned loyalty free copyright exists also for scores... Any "edition" of score can be copyrighted. I have failed to find and definition how different it should be from the original, I conclude it can be IDENTICAL. So, if someone typeset some J.S. Bach score and you play using it, you are using copyrighted material.

As I understand things, in English law at least the copyright in the Bach score would lie in the printed layout, fonts used etc., not the music itself. Anything Bach wrote went out of copyright centuries ago. What the score publisher's copyright means is that you can not copy their publication and publish or distribute it without permission. Make a fresh version of the score yourself however, so long as you haven't copied their layout then you should be OK.

Playing from the score does not give the score publisher any copyright, licence or royalty interest in your performance. In the case of J S Bach, the composer won't be due for any royalties either.

As for how to make the score different enough to claim copyright, that's down to ensuring the graphical layout, logos etc. are different to the other publisher's. Publishers of out of copyright sheet music are generally mostly interested in preventing someone buying one copy, copying it and distributing it. Without adequate intellectual property/copyright protection for the publisher, publishing Bach scores (to stay with that example) would be a way to lose money fast.

I always used to attempt and recreate a loop if I really liked it.  That way I learned how it was built and it was now mine (albeit with the usual potential sound-alike issues which are made so broad now that a guitar lick can be compared to a cowbell hit...).

The best option is to use loops and programs that allow you to use their content license free in your original works no matter what the application.

From the UK horse's mouth -

"What is a sample?
A sample is an excerpt from a pre-existing piece of music that is used in a new piece of music.

Using a sample
To use an existing copyright you must obtain permission from the copyright owner. Any piece of music containing a sample must be cleared with the original copyright owner, no matter how small the sample.

Registering samples

Samples can be registered by:

The new copyright owner (the original copyright owner must be listed and the shares allocated)
The record company applying for clearance to record music including a sample
When registering:

Include details of the sampled work when registering the new piece of music
The copyright owner of the original piece of work and the copyright owner of the piece of music containing the sample, should both decide on their share of the royalty.
Once we have been notified of the new music, the shares will be registered as requested and all parties informed.

Disputes

The Sampling Dispute Claims set out the situations where a sample may be disputed and our disputes procedure.

If you have a dispute it may be worth seeking further help. The MPA (Music Publisher Association) offers a comprehensive mediation service. For more information see the MPA Website."

http://www.prsformusic.co...les/pages/samples.aspx

The six page pdf that goes into all the gory details is here -

http://www.prsformusic.co...ples%20June%202012.pdf

Which makes everything perfectly clear. Or not.

slartabartfast

Guitarhacker
The best option is to use loops and programs that allow you to use their content license free in your original works no matter what the application.

In most of the world, as soon as content is recorded it is copyrighted. There is no mechanism for the author of a work to extinguish the copyright that automatically attaches. Consequently, there is no way that anyone can allow you to use their copyrighted content "license free." If they say that you can use it, that statement is itself a license.

 
That's what I meant when I said "license free".  I use Band in a Box for much of the music I create...at least some of their tracks. The license from PG says that I can use the samples and content created by it's program in any project for any reason without further license requirements. Cakewalk does the same with it's loops and samples.

Publishers and libraries require that the composer own 100% of the rights. They rely on the writer to have obtained or naturally possess those rights. Using PG products & Cakewalk loops and synths and samples assures me that's a done deal.

Steve would like his country to become Royalty Free.