EXS 24 Logic Sampler Users Group

In a message dated 7/22/02 2:56:04 PM, yael@... writes:

>that's very interesting mark, and thank you to take a part of the discussion
>:o) I've just finish myself a SOund CD that's why I'm playing the "evil
>"
>part of the discussion...
>
>you said : " No. Look at the End User License Agreements that come with
>your
>package. "
>I can write myself a lot of things on a CD :o) like " you can hear it 1893
>times only "
>I mean, is it because it is written on the CD that justify the right to
>sell
>or not the CD ? what is the regular law about it ?

The agreement is on the outside of the package, not on the CD. It is written 
in easy to understand "FAQ" form and as a regular license agreement. Every 
package can be returned if the user doesn't agree to the terms.

Legally, it's actually quite simple. We sell sound recording licenses. We own 
the license, we set the terms. You agree to the terms when you open the 
package. Don't agree? Return it.

It says on the outside of the package that you are not allowed to resell the 
CDs. Very clear.

>
>you said : " Most all producers including Spectrasonics and ILIO prohibit
>you from
>selling our CDs. "
>
>Ok, I understand that it is better for "you" to prohibit the resell, but
>is
>it fair ?

We sell a lifetime, unlimited-use license to use thousands of our sound 
recordings in your own music for a flat fee that is the same for every user. 
This is why we believe our system is incredibly fair.

To license a single sample from a commerical recording ranges in price from 
$10,000-$250,000 dollars. This is for a ONE-TIME use. (BTW, you can't sell 
those licenses used either)

Obviously, our deal is much more reasonable. We could have easily not allowed 
any commercial use, but instead we have a very generous policy for pros and 
semi-pros.

If those limitations aren't good for hobbyists, then they can buy hobbyist 
level libraries, which are available in many places.

>In that direction, u can prohibit to "smoke " near the Cd ? or to sing
>on
>the sound for money in a Bar ?( that can be really strange ! :o)

You are being a bit silly, but in seriousness, every user should look at the 
limitations of the sample licenses they purchase. Some companies forbid 
multimedia use, library music use, trailer music, or some restrict commercial 
use at all withut an additional license.

Our policy doesn't include any of these limitations, but you should always 
check, since each producer handles it differently.

>you said : "The reason is, you only buy the license, not the disc. "
>ok, so I can give it for free, I mean the CD ?

No, that's also included in the the license agreement. You cannot give away 
the product either. Again, this is made extremely clear on the outside of the 
package. 

>you said :" If you purchased the library from an authorized seller, you
>have
>the
>right to use the sounds in your music (as many times as you want), but
>only the producer has the right to sell them in the first place. "
>
>So , it is better to sell CD to producer. Because I have a license but
>my
>producer ( the man who sell "MY" record) doesn't have any License...
>SONY Music who sell my last record and produce it don't  have any License.
>What is the situation ????

Simple...you're the artist and you have a license to make music with it. 
There's no problem.

Record companies often ask us for releases to ensure this fact, which we are 
happy to sign to help the process if necessary.

Hope that helps clarify. We have always had the same policy and been very 
open about it. Thousands of professional musicians are able to use our 
products without problems and respect our right to our "one user/one license 
fee" policy.

Best,

Eric Persing
Spectrasonics