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Virtual Instruments use in sound libraries
Old 4th March 2014
  #1
Here for the gear
 
🎧 5 years
Virtual Instruments use in sound libraries

Hi

Recently I've been asked to prepare a sound library containing construction kits made of tracks containing eg. piano, drums, synth etc. This is for use as ready-to-use backgrounds, tracks for movie etc.

My question is, can I use virtual instruments for this?
Most licence agreements (EULAs) of virtual instruments (that use samples, e.g. piano, drums) forbid making sample cd's with their products, re-packaging of the samples etc. But I will not provide their instruments sampled dry note-by-note across the keyboard, but as a musical composition of my own. Most agreements don't say anything about it, but some do (from what I recall You can't make any kind of sample library etc. with VSL orchestral instruments, they forbid it in the EULA, even with processed etc samples).

Anyone had experience with this? My main question is the use of Logic Pro instruments. I would not use any Apple Loops (either Audio or MIDI), just my own original composition using the sampled sounds. Logic's EULA states that:

"B. Sample Content. The Apple Software may contain sample content including but not limited to artwork, audio files, audio loops, built-in sound files, graphics, images, impulse responses, photographs, samples, sound sets, sound settings, video files, or similar assets (“Sample Content”). This Sample Content is proprietary to Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Except as otherwise provided, all Sample Content included in the Apple Software may be used on a royalty-free basis to create your own original soundtracks for your film, video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Sample Content, however, individual Sample Content assets may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, clipart, music beds, sound effects, sound files, sound libraries, stock animation, or similar assets."

Two points stand out "standalone basis" so if I compose something with that, add effects etc. it's no longer "standalone", but "repackaging ... in part... as music beds ... sound libraries" might be a problem in my opinion.

I contacted Apple, but I doubt I'll get a conclusive response.

There must be some sound designers involved in making sound libraries out there that have stubled upon this issue. I know that "ask a lawyer" might be a good idea, but I'd though I'd ask first and finding a lawyer that knows this business might be hard and there are a lot of possible interpretations of the same wording.
Old 4th March 2014
  #2
Lives for gear
 
gremlin moon's Avatar
 
🎧 10 years
To use my Spectrasonics example from the other thread -- you are allowed to provide commercial backing music for sale by you as long as: 1.) the intended buyers are not "musicians." 2. That they are "full" pieces and not construction kits (with the exceptions of intros and outros).
Old 4th March 2014
  #3
Here for the gear
 
🎧 5 years
You quote Spectrasonics EULA, so if there is nothing in the specific synths EULA then there are no general rules that would forbid me from doing so?
Old 5th March 2014
  #4
Here for the gear
 
🎧 5 years
Another funny thing. If I can't use "...Impulse Responces...", then that may mean that I can't use Space Designer reverb plugin in preparation of sound libraries. I know that they probably meant the audio contents of the IR audio file. Another issue may be "...sound settings...", which would mean that You can't use any factory presets (EQ, compressor settings etc.) in the preparation of the things they mentioned. Lawyers... lawyers everywhere ;-)
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