EXS 24 Logic Sampler Users Group

Hi Andris,

On 27-Dec-04, at 1:15 PM, Andris Sice wrote:

> On 28/12/2004, at 3:38 AM, Fernstudio wrote:
>  I wonder what *is* a legal use then? A royalty to the sample provider
>  perhaps?

Royalties are too difficult for a sample library manufacturer to deal 
with in regards to collecting (I think).  That is why many (most??) of 
them are royalty-free - you pay a one-time license that you own for 
life.  The easy way to determine legal use is to not lend out the 
library and own a valid licensed copy of it yourself.  Pretty much any 
music you create with it, is legal.  If you own a sample library and 
your brother does not but your brother wants to use it on his CD, that 
is not legal use because he does not own the library.  In that case, he 
should buy his own copy.  Same with a studio.  In regards to legality, 
the studio should not be providing the use of the sample library to its 
customers who do not own the library.

It becomes a little bit more difficult to understand when you own a 
library and work on some music along with someone.  For example, I 
worked on a track for a solo artist last year.  I arranged the entire 
track (just one song) and used some samples on it.  These are samples 
that I own a license for.  I checked first with the manufacturer to be 
sure but was told that if I am creating the music, then it is perfectly 
legal.  It would not have been (legal) if I simply let that artist use 
my sampler that has the samples loaded on its hard drive.  Hope that I 
didn't make it more confusing now.

>  What's a typical loop agreement?

Most loop agreements are basically the same as standard sample library 
agreements.  However, there are exceptions at times.  Such as with 
library music.  Library music is basically music that is sold as is for 
the purpose of using in film, tv or games for soundtrack purposes.  
This is to prevent people from putting a loop exactly as it appeared on 
the library with a simple little melody line overtop and selling it as 
one's own work.  For very little effort, someone could make a bunch of 
money off of someone else's hard work.  Some loop libraries do not have 
such an exception.  If you're ever in doubt, it is best to check with 
the manufacturer.

>  Actually I have a couple of tunes that I used Bitheadz loops on. Now
>  they're out of business, I wonder what the licensing laws would say? 
> It
>  doesn't seem very likely that they'd suddenly become public domain.

If you own a license for those loops, then you're probably safe.  Even 
if they're out of business, I'm pretty sure that the creators of those 
loops would have been smart enough to retain the copyrights to them.

I think that the sad thing is that many people don't see the point and 
feel a sense of entitlement to some of these things, scoffing at the 
prices.  Many people forget that lots of hard work went into creating 
these libraries and, in many cases, so did a lot of money.  So many 
people look at just the cost of burning a CD and forget that the 
recording, hiring of talent, studio time, editing, etc. will cost a lot 
of money.

HTH and best regards,
Fernstudio


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