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Re: [EXS] That's a a

2004-12-31 by Hollow Sun

> Another possibility: VSL, East-West etc. provide a service where you
> send 'em a MIDI file, specify which sound(s) you want (chosen from an
> online list, complete with demos), they invoice you, you pay 'em, they
> post you the .wav files on CD. Feasible?
Difficult to administer, I would have thought. I certainly couldn't offer
that service (or, if I did, it would be prohibitively expensive).

> EXACTLY! Hey Steve, can you please talk some sense into yr fellow sample
> library developers? ;-)
I can only speak for myself.

What *I* do is different - my CDs will have many different sounds to choose
from and use. However, the 'Old Lady' or 'Emperor' libraries (essentially)
have just one sound. If I had put in the investment to get either of these
done to the level of excellence they achieve and someone used that as a key
sound throughout an album recorded at some else's studio, I might be miffed
that I lost out on a sale - maybe if the artist thought that the sound was
so good as to feature it so prominently on an album, maybe he/she should
have bought it.... dunno!

On the other hand (grey area warning!!), if the studio where the album was
recorded had some glorious grand piano there and the artist had used that
throughout the album, it would be unreasonable to expect said artist to buy
the same piano - in fact, the very concept is absurd!

Likewise, if said artist used some simple riff of a few notes played on 'The
Old Lady' on just one track, is it reasonable to expect them to buy the
whole CD/DVD? As I say.... grey area.

Then, of course, we enter into further greyness if, say, someone used a
sound of mine but tweaked it. Similarly, the 'Old Lady' or 'Emperor'...
(whatever) - maybe they changed the envelope or cutoff or added some LFO...
when does that sound deviate from being *the developer's* intellectual
copyright to the user's? Even the addition of some reverb and EQ could
constitute 'creative input' on the part of the user/producer where any
copyright is potentially invalid in the strict eyes of the law.

It really is tricky!

But I still hold by my previous statements - if a studio buys any particular
tool (be it Protools or Logic, whatever, a Studer 24-track MTR or a Yamaha
Motif or a Minimoog), *I* consider such purchases to be that studio's assets
which they can use and exploit to expand their customer base by offering
certain quality services and *I* also believe that this extends to sound
library (even though this might fly in the face of the usual - and maybe
outdated - copyright stipulations). But, as I say, that's just *my* opinion
and I can't speak for other developers. That said, I can't imagine Eric
Persing (or whoever) pursuing his copyright to the full extent of the law in
court and bringing in a whole pile of lawyers just coz someone used a pad of
his from his excellent Atmosphere collection for a few bars on a track...
even if he knew about it, I can't imagine it would be worth his while.

> Trouble is, AFAICT the countermeasures sometimes screw the honest
> customers as much as the software thieves screw the developers.
Yep.

Although I have been developing sound library for numerous clients over the
last 20 years (no risk on my part - I just got paid for the job!), I now
find myself in a situation where I must make my living from selling my work.
As such, I am new to this side of things and I have to say that it's a bit
frightening because (unfortunately) I have to assume that it will be ripped
off and that for every one CD I sell, there will be countless others that
will be copied for a friend (who will then do a copy for their friends) or a
relative or writing partner (and other band members), whatever, whoever.
Much (or even most) of this won't be malicious copyright violation... just
doing a favour for a mate.... IYSWIM... harmless (in the eyes of the
perpetrator) but potentially fatal for me.

I also have to figure in the bastards who who will pass my stuff of as their
own on eBay! And also the people who will buy it, keep a copy and then sell
the original (even though it's against the copyright terms, how the hell am
I going to monitor this and enforce my rights). It's a bloody nightmare and
yes... I am sorry... I have to assume that I'm gonna get ripped off.

I/we can impose draconian copyright measures (such as dongles, clever
encrypted computer specific registration processes, challenge and response
installations, whatever) but A/ these add to costs and B/ will inevitably be
cracked by someone determined enough to do so almost for the 'sport' of
overthrowing us on the assumption that we're all greedy, corporate fat-cats
milking you lot out there for all your worth. Nothing could be further from
the truth... like you, we're just trying to make an honest living and yes...
we also want to make a little bit of profit not because we want to buy a
Ferrari (tho that would be nice ;-) but just to fund future projects.

If my experience on the 'providers' side of the fence is anything to go by,
most of those involved are true enthusuiasts (very often end users
themselves) who just want to give you the tools and raw material for you to
go off and go wild with your imaginations. But we are penalised by the
threat of piracy and the subsequent loss of revenue that will inevitably
ensue.

I/we can be pragmatic and take a certain hit on this but if (when) it gets
out of hand, you can kiss goodbye to any sound library development because,
frankly, it just won't be worth our while to do it!


Best regards,


Steve
http://www.hollowsun.com

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