I was just installing the latest BandLab update. What's the catch in the EULA?

1. GRANT OF LICENSE. In consideration of the covenants contained herein, BandLab ("BandLab" or the "Licensor") grants to you, the Licensee, a non-exclusive license to have one person use the Cakewalk by BandLab software product (the "Product") on one personal computer at a time. [...]

OK, that's fair enough ... but, since we're talking about the "Product", moving on:

2. OWNERSHIP OF THE PRODUCT. Portions of the Product incorporate certain material proprietary to third parties. BandLab and licensors of BandLab own and will retain all title, copyright, trademark and other proprietary rights in and to the Product. This License is NOT a sale of the Product or any copy of it. You, the Licensee, obtain only such rights as are provided in this License Agreement. You understand and agree as follows: [...]

Uh ... then we get to chapter 3:

3. INSTRUMENT CONTENT.

3.1. The audio samples, recorded sounds, programs, MIDI patterns used by any instrument (“instrument content”) included with the Product remain the property of Licensor and are licensed, not sold, to you for use on your computer.

OK; so that should apply only to the stuff (i.e. presets, samples, loops, MIDI patterns for the virtual synths etc) that come along with BandLab's Cakewalk; right?
 
10.2. No Waiver. The failure of either party to enforce any rights granted hereunder or to take any action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
 
10.3. Litigation Expenses. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and litigation expenses.

10.4. Unenforceable Terms. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
 
Wow. Now that is some hardcore legalese -- meaning; English legal jargon. I do get it that there's no warranty for the software to work as it should, well, since it's been salvaged from the ashes of old Cakewalk/Gibson Inc., and since it's free, I understand that point perfectly well. But, I'm still a bit confused whether I personally, or my business ( = recording studio ) owns all rights to whatever type of composition has been made as a musical piece by using the BandLab Cakewalk software?
 
These rights management things can be a bit obscure at times, so I'm just asking.
 
Other than that, BandLab's Cakewalk seems to be getting better and better with each update, and I congratulate the whole team on that, having being a SONAR user since version 6/7. Overall, the progress seems to be headed in a good direction: Less CPU use, more stability. I like it. Those are the top two priorities in my opinion to keep the software running and developing properly.
 
Now, only if you could come up with a method to slingshot, i.e. jBridged 32-bit VST's each into their own stabilized, non-CPU-intensive sandboxes for us old geezers still working with old-school audio plugin tools ...
 
Thank you for the software, nonetheless. Cheers!
 

Pretty standard stuff. As a SONAR user, you have agreed to very similar EULAs that came with every version of SONAR. The SONAR EULA is the User Guide pdf. Here are links to the X3 User Guide.

It's legal speak for sure, but seems pretty standard to me:
 
Section 2 & 3 basically say you own a license and not the product.
 
10.2 - if BandLab decides not to sue you for breaching part of the agreement, this doesn't mean that that part is then no longer part of the agreement. I think basically it means, just because they let you off once, doesn't mean they'll continue to do so... and this goes both ways, i.e. you choosing to / choosing not to sue BandLab.
 
10.3 - Whoever loses in court, pays the bill.
 
10.4 - Just because a part of the EULA is now no longer valid, doesn't mean the whole EULA is invalid.
 

You read the EULA !

Are you concerned that if you make a hit record using some of the canned MIDI sequences or loops, that BandLab might demand royalties? I haven't read the EULA, but most include a clause that covers that.

msmcleod
10.2 - if BandLab decides not to sue you for breaching part of the agreement, this doesn't mean that that part is then no longer part of the agreement. I think basically it means, just because they let you off once, doesn't mean they'll continue to do so... and this goes both ways, i.e. you choosing to / choosing not to sue BandLab

It’s a common standard clause in a lot of intellectual property licences.

Not only does it mean that if Bandlab let you off once that doesn’t mean they can’t pursue you in the future, it also means that if Bandlab decide not to pursue one person for breaching the licence it doesn’t mean that they surrender the right to pursue someone else if that someone else breaks the licence.

A hypothetical example might be that if Bandlab discover someone has their software running on their bedroom studio PC and their laptop at the same time and decide against taking them to court, that does not mean that if e.g. a major studio is running a hundred copies at the same time Bandlab have lost the right to take action against them.

Equally, if someone somewhere decides not to sue Bandlab for breaching the licence or contract between them and Bandlab that doesn’t mean everyone everywhere loses the right to sue Bandlab.

bitflipper
Are you concerned that if you make a hit record using some of the canned MIDI sequences or loops, that BandLab might demand royalties? I haven't read the EULA, but most include a clause that covers that.

Well, that was one of my concerns, and the way the EULA would be interpreted; there's always this "grey area" that the particular part of the EULA I mentioned seems to point towards; if you read that part of the EULA almost too prudently, it gives out the impression that even using Cakewalk's own virtual instruments, or i.e. the arpeggiator MIDI loops etc "sound and/or note generators" that come alongside the software would make you, as a "licensee", somehow tangled in a 'legalese' loophole.
 
Either royalties or snooping for a hit track. Or, trying to claim the rights to a production that has been made using the software, since you always were just a "licensee." The free lunch always makes one suspicious. Sorry for being an old dog that barks like this, but that's just the way of the world.
 
... "Guilty until proven innocent, and then you're just really suspicious.", hehe.

IfItMovesFunkIt
You read the EULA !

What did I win? No, seriously, a lot of my old-timer IT admin friends have agreed to the notion that we wouldn't be in this half-dystopian copyright mess (that's only getting deeper - well, Windows 10, anyone?), if people would just read the EULA's that they are handed during installation of OS's and software, and on top of that, would just choose to decline if the package looks suspicious/dubious at all. But, that's just the way of the world. "Click next".

AudioAnnihilator
3. INSTRUMENT CONTENT.

3.1. The audio samples, recorded sounds, programs, MIDI patterns used by any instrument (“instrument content”) included with the Product remain the property of Licensor and are licensed, not sold, to you for use on your computer.

You get to use the stuff, but you can't sell it. Selling a song that includes particular sounds is not the same as selling the sounds.
 
Some EULAs clarify this by saying you can't use their material in such a way that it could be re-used. In other words, you couldn't put out a "song" consisting solely of SI-Drum hits.
 
True story: A company once put at the end of the EULA that anyone who read this far would get $500. It took over a year for anyone to claim it.
 

AudioAnnihilator
I was just installing the latest BandLab update. What's the catch in the EULA?

1. GRANT OF LICENSE. In consideration of the covenants contained herein, BandLab ("BandLab" or the "Licensor") grants to you, the Licensee, a non-exclusive license to have one person use the Cakewalk by BandLab software product (the "Product") on one personal computer at a time. [...]

OK, that's fair enough ... but, since we're talking about the "Product", moving on:

2. OWNERSHIP OF THE PRODUCT. Portions of the Product incorporate certain material proprietary to third parties. BandLab and licensors of BandLab own and will retain all title, copyright, trademark and other proprietary rights in and to the Product. This License is NOT a sale of the Product or any copy of it. You, the Licensee, obtain only such rights as are provided in this License Agreement. You understand and agree as follows: [...]

Uh ... then we get to chapter 3:

3. INSTRUMENT CONTENT.

3.1. The audio samples, recorded sounds, programs, MIDI patterns used by any instrument (“instrument content”) included with the Product remain the property of Licensor and are licensed, not sold, to you for use on your computer.

OK; so that should apply only to the stuff (i.e. presets, samples, loops, MIDI patterns for the virtual synths etc) that come along with BandLab's Cakewalk; right?
 
10.2. No Waiver. The failure of either party to enforce any rights granted hereunder or to take any action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches.
 
10.3. Litigation Expenses. If any action is brought by either party to this License Agreement against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorneys' fees and litigation expenses.

10.4. Unenforceable Terms. Should any term of this License Agreement be declared void or unenforceable by any court of competent jurisdiction, such declaration shall have no effect on the remaining terms hereof.
 
Wow. Now that is some hardcore legalese -- meaning; English legal jargon. I do get it that there's no warranty for the software to work as it should, well, since it's been salvaged from the ashes of old Cakewalk/Gibson Inc., and since it's free, I understand that point perfectly well. But, I'm still a bit confused whether I personally, or my business ( = recording studio ) owns all rights to whatever type of composition has been made as a musical piece by using the BandLab Cakewalk software?
 
These rights management things can be a bit obscure at times, so I'm just asking.
 
Other than that, BandLab's Cakewalk seems to be getting better and better with each update, and I congratulate the whole team on that, having being a SONAR user since version 6/7. Overall, the progress seems to be headed in a good direction: Less CPU use, more stability. I like it. Those are the top two priorities in my opinion to keep the software running and developing properly.
 
Now, only if you could come up with a method to slingshot, i.e. jBridged 32-bit VST's each into their own stabilized, non-CPU-intensive sandboxes for us old geezers still working with old-school audio plugin tools ...
 
Thank you for the software, nonetheless. Cheers!
 

Of course, you own the rights to any original music you make in the software. Have you signed an agreement handing over your rights to anyone? It would take a signed contract to do that!
 
Their terms are just standard. They protect Bandlab's software and IP and prevent you from getting it for free and selling it on or something stupid. Or downloading the free loops and selling those. How can you possibly think that you are signing away your rights to your own music (without actually signing anything) by using a DAW? That's like Sony saying that they own the rights to all the music you recorded on your tape deck back in the 80's on the bases that the tape deck had their name written on the front of it and not yours. Relax! :)