xhail – it was only a matter of time

[woodsdenis]

Hi Mick

I have one simple question, if all the stems are reusable surely you are just creating unique mixes each time not original works. Certain stems could very identifiable in a piece and could not the legal term “an ordinary observer” come into play. That is if “an ordinary observer ” perceives it to be the same then it is. By your definition all stems are reusable.

As an example in the opposite way

http://www.rebeccaf.com/id/why-you-should-care-that.html

[Xhail – Score Music Interactive]

Hi Michael,

Thanks again for this much valued feedback. For clarity we will action your advice.

Many thanks

Mick

[Xhail – Score Music Interactive]

Hi Denis

What we are providing is a music solution to occupy the space between ‘Bespoke Composition’ and ‘Library Stock Music’. XHAIL generates unique stem combinations forming a unique mix (not an original work, this should always be left to composers). It is important we remain focused on the fact that we are dealing only with underscore music for production here and not songwriting. In many ways production music has not yet moved into the 21st century. We are developing an innovative solution to problems that Production Music Houses do not currently address due to the present model. The best example of this is ‘The Games Sector’, there has been no Production Music solution to date.

Thanks for the much valued feedback.

Mick

[MichaelL]

XHAIL generates unique stem combinations forming a unique mix (not an original work, this should always be left to composers).

How does one register a “mix,” but not an original work with a PRO? I know that you can register a sound recording with the US copyright office.

[MichaelL]

The fundamental issue with virtual instrument EULA’s is that lawyers draft them based upon what they can envision as potential uses / violations.

The most obvious potential issues arise in the use of stems, particularly isolated stems, of loops, or single sounds, by the third party (the XHail client) who does not own a license for the virtual instrument software. As many of us are aware, BIG FISH AUDIO, already forbids the use of its samples / loops for the creation of production music without pre-clearing the specific use.

XHail is, as I said, charting new territory. This type of use is not something that sampler developers’ lawyers would have readily envisioned. That is why I suggest contacting sample developers directly for their position. If it is a use they they do not choose to allow, they may modify their EULA’s accordingly, to take new technology into account. On the other hand the developer themselves may see it as an opportunity for more revenue, from XHail, or it’s clients, and allow the use.

You never know. But it’s always best to have answers ahead of time.

_Michael

[Author]

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