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I recently bought a sample package with the following terms in the user agreement license (I call the seller ” Company” ):
Can I use these “Company’s” sounds to make “Music Libraries”?
— YES, unlike some Soundware companies, this is allowed with “Company’s” products. The samples have to be used within a musical context, however, and cannot be presented isolated or “solo’ed”. So, for the purposes of creating so called ‘library music’ clips or ‘production music’ clips intended for commercial exploitation, the included sound samples may be used ‘in combination’ within musical compositions. For such usage, any rhythm loop samples (which “Company’s” regards as being musical clips in themselves) must also be combined with other types of samples or sounds to effectively
form a new composition, rather than simply being looped. The general idea is that you should not use “Company’s” sounds “as is” to make products that effectively could be considered to be a form of sound library that may compete against the source “Company’s” product in the market. —I know this is quite standard as I have seen these terms elsewhere too. However, I find it difficult sometimes to never solo a part. In certain instances, as in Intro, Outro or at song breaks, a sample can end up being soloed in fraction or in all. Although it is within the context of the song (to grow tension for example), would this be a breach of the agreement?
There are many examples where this could happen, especially when one wants to play on the dynamic of the track: an intro that is a long wavy dreamy sound, a break that consist in a ethnic rhythmic loop, a calm outro with the fade on a toploop, a progression where the first instrument is a sample… I listened to some loops of my new soundpack, and I could really hear some of these loops as fantastic intros before the song would develop. It can be especially true when I make an instrumental version of the track where by taking out vocals, I may end up with small sections where a fraction of the sample is soloed. Other examples are the sample loops which are full blow rhythm will all percussions…
It happened to me once, that a track, after turning instrumental got 30 seconds that only consists of 1 sample looped. I was playing on the effect. I actually contacted the copyright owner, an individual that was self-producing his packs, he listened to the track, loved it and he actually bought my CD when it came out! He told me it was perfectly fine to do that and confirmed in writing. So I am good with this one but can’t just suspect that to be the norm…
Making sure a sample is never soloed kinds of limits the compositional field, especially in the chilled minimalistic genre. I wonder how you guys handle this issue… Is there a kind of ” tolerance” level?
Thank you for any thoughts you may have. Musical greetings,
E.
This was /is a problem, especially with Big Fish , involving their “construction kits.”
The is no simple legal answer. It’s a contractual and policy matter that will vary from company to company.
The best approach is to do exactly what you did. Contact the company for clarification of its policy, tell them how you are using their product, and ask for permission.
The easiest thing to do…layer another sound on top.
_Michael
If in doubt contact the company,they all have similar wording but the interpretation can be different.
Eric Persing gave an example of Spectrasonics take on it. A cue on a movie score had a Stylus RMX drum loop in isolation for a part of it. This was OK as it was a part of an original work that just happened to feature that loop in it at a particular point.
A Mercedes Ad featured a vocal sample from Symphony of Voices as the ident for the pack shot. Totally on its own and not part of a musical work, this required clearance and an extra license.Can get confusing.
Big Fish do not allow any of there samples to be used in library music without clearance. Don’t buy, too much hassle. They have been burned in the past by “composers” just uploading the whole track as their own. They have whole tracks as loops etc in construction kits where you can reassemble the whole track, I have never really understood why anybody would use these, but there must be a market.
Big Fish do not allow any of there samples to be used in library music without clearance.
You have to read each products EULA carefully. Some of their products you can use in production music. Debbie is the contact person at Big Fish her e-mail is customerservice@bigfishgroup.net.
If used a few of their products this way but it is a big hassle and I usually avoid them.
The samples contained on our products are licensed, not sold to you, the individual end user, by Big Fish Audio. This non-exclusive, non-transferable license is granted only to the individual end user who has purchased an unopened, new and lawfully made copy of this product from a dealer or distributor authorized by Big Fish Audio. All samples remain the property of Big Fish Audio and are licensed only for use in the creation of a recorded or live performance that includes the licensed samples as part of a derivative musical work created by the licensed end user. This license expressly forbids resale, rental, loan, gift or transfer of these samples in any format or via any medium, except as part of a derivative musical work. This license does not allow you to include the samples, whether unmodified or as part of a derivative work, in any music library or sample library product. However, a “special use” license may be requested from Big Fish Audio, free of charge, if you wish to use this product as part of a musical work intended for use with music libraries (some conditions apply, and Big Fish Audio retains the right to refuse any request that does not meet those conditions). Any unlicensed usage will be prosecuted to the maximum extent possible under the law.
Art, unless I am reading it wrong it looks like all samples require permission. They do sell other products on their website that are from other vendors.
However, a “special use” license may be requested from Big Fish Audio, free of charge, if you wish to use this product as part of a musical work intended for use with music libraries (some conditions apply, and Big Fish Audio retains the right to refuse any request that does not meet those conditions).
That’s the critical part. You have to look under the “Details” tab for each product on their site and find that section. It’s not in most of their products but I’ve never had a problem getting the “special use” license when it is there. It is a hassle though.
FWIW, I’ve found construction kits to be useful to me outside of the library music business. I’ve been working on a non-broadcast work for hire writing project for over a year now. When I’m done I will have provided 49 songs with vocals in many different styles. For a few of them I manipulated a construction kits into songs very well received by the client. I always request a special use license from Big Fish. I don’t need one for the custom project, but to have just in case I use a loop in a future library track. I haven’t found it to be too much of a hassle. Like Art says, just drop Debbie an email. Sometimes it takes a follow up phone call, but they’ve always come through.
Edouardo
First of all great track, you really have to look at the license agreement for each sample you use, there is no one answer, they all might be nuanced differently. As far as the cymbal at the end of a track. if you are concerned just add another one underneath it.The example I gave you was Spectrasonics way of dealing with it which is the most sensible IMO, however loop libraries are different and are really trying to stop “composers” just uploading their loops with nothing else there, so I can see their point.