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Tagged: exclusions, legal, Loops, midi files, sample pack license, usability, usage
- This topic has 3 replies, 2 voices, and was last updated 3 years, 10 months ago by JD.
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November 27, 2020 at 1:28 pm #36963JDParticipant
Hi Folks,
I am looking at a legal sample pack I want to get (loops, individual samples, midi files construction kits). As usual I always look closely at the license agreement when I purchase these kind of packs as my intention is to incorporate loops or individual samples into my music songs (always combined with at least one other sound so never exposed on it’s own) then ultimately pitch these songs to music libraries (mostly NE) in order to get Film/TV placements.
There are a couple of clauses in it that I thought I’d run by you all to see what you think..Most of it seems fairly standard ie no sample to appear on it’s own, no re-selling, no usage on a competing product etc . The first phrase that I am looking at says:
” The purchaser of this product/license may use the contents in their own commercial and noncommercial compositions/releases with no additional costs, providing their name (or band/artist name) appears in the “credits” for that release”
The other clause in question says:
‘’The contents of this product may not be used (wholly or partly) in the creation of any competitive product; including but not necessarily limited to; Sample Packs, Sample CDs, Sample DVDs, Virtual Instruments, Expansion Packs, Production Music, Library Music, Subscription Services, App Contents
(Mobile or otherwise), or in any other collection or service, in any format, or in any product that would involve the re-licensing of ++++++’ product copyrights, without our permission’’.My thought is that these clauses make the pack unusable for me, I cannot guarantee that my artist name will appear on a release (eg source music in a TV scene-seems unlikely), and as my express intention is to use the samples in creations to pitch to Music libraries I guess that rules it out for me.
It doesn’t make sense to release a sample pack that, by it’s very license terms, excludes a large portion of the typical user that would buy a license to use it.
I haven’t disclosed the name of the shop or pack producer but they are usually at the top of google search for such products. Obviously each sample pack producer can have varying terms so it’s not an issue with the shop.
Please someone tell me I am mistaken and that I can use these samples as the pack is on sale and has some samples/loops I could use right now!.
Thanks in advance for any thoughts
JDNovember 28, 2020 at 8:09 am #36966Art MunsonKeymasterIf you are referring to Big Fish Audio you can find a thread here https://musiclibraryreport.com/forums/topic/big-fish-audio/. Big Fish has the strictest requirements, though sometimes you can get special licenses from them. If not Big Fish then I would contact the company for clarity.
November 28, 2020 at 9:00 am #36967JDParticipantHi Art,
Thanks for your response, the company selling the pack is producer loops but the producers of the pack are called Kryptic Samples.
I will follow your suggestion and contact them directly.
Cheers, JDDecember 9, 2020 at 7:49 am #37026JDParticipantI have emailed Kryptic Samples a couple of times to get clarification on their licence terms but have not heard anything back. I won’t be buying their sample pack as I don’t want the risk of using samples that I don’t have clear licence terms for. Shame as I am working on a track where they would be useful. Never mind!
JD -
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