EXS 24 Logic Sampler Users Group

Hi Bill,

On 27-Dec-04, at 4:11 PM, Bill Canty wrote:

>  It still seems unfair, though, that I can't go to a friend's place and
>  use his legally purchased sample libraries in the same way that I can
>  use his legally purchased hardware synths. I was actually planning to 
> do
>  this in a coupla months, thinking I'd be a good law-abiding citizen 
> for
>  doing that rather than just getting a copy of the sample libraries (as
>  I'm sure many others would!) Yet it seems that even though I would'nt 
> be
>  copying the libraries, and my friend wouldn't be able to use them 
> while
>  I was, it'd still be illegal? :-(

I hope that this doesn't open up the proverbial can of worms.  There 
were discussions last year or 2 years ago on this list making this same 
argument.  Because a hardware synth cannot be copied in the same way a 
sample library can, that is one of the arguments the sample 
manufacturer makes.  You do get a license for the samples for your 
entire life which seems to be a little bit of a good trade-off.  Also, 
most *new* hardware synths cost $1,000 or more.  Many sample libraries 
can be had for under $500.  Most people don't think in terms of the 
license that it is a license to use.  You do not own anything other 
than the license for using the samples.  The samples themselves are 
owned by the copyright owner or creator of the sample library.

For myself, I take comfort in the fact that I am supporting the 
individuals who have worked hard to create these sounds that I may 
perhaps not have the time, facilities, or money to create.  For 
example, I can buy a high quality sampled orchestra for about $1,000 
(VSL's Opus 1, QLSO, etc.) and it cost the developer thousands and 
thousands of dollars to create it.  By me buying the libraries, they 
make money and I help in them being able to continue being in business 
and producing other high-quality libraries.

Some people don't seem to hum and haw much about dropping a few grand 
on a new Triton or Motif yet call it highway robbery at times when a 
sample library manufacturer is selling high quality samples on a CD (or 
multiple CD's) for $299.  The hardware synth seems so much more 
tangible to them than a CD even though both may be just as useful and 
be able to make just as much money for the individual.  These samples 
are recordings and not an actual piece of hardware.  They are more 
similar to music CD's than they are to a hardware synth.

>  What if I were to email him a MIDI file and ask him to record it using
>  the most angelic choir sound he had (which might happen to be, for
>  example, the female choir from Voices of the Apocalypse), make any
>  appropriate adjustments to the MIDI file, then post me the resulting
>  wave files on CD? How legal would that be?

This would be viewed as copyright infringement as well.  It would be 
exactly the same thing as going over and borrowing the samples at the 
friend's studio unfortunately.  Think about it a little bit.  If this 
was allowed as fair use, what's to stop 10 of you from splitting the 
cost of Voices of the Apocaplypse and paying only $50 each then sending 
MIDI files amongst each other, etc.  10 of you are using the same 
single license that was purchased and the developer only sees the 
profit from the sale of one copy rather than 10.  It would be nice if 
it was legal that way but probably not all that profitable for the 
folks at EastWest or Quantum Leap Productions.

Best regards and all the best in 2005!
Fernstudio

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