Just found this thread as I've been doing my own research. I firmly thought the same thing as many of you, that you absolutely can NOT use sample libraries to create "loops" to then sell as loops in loop packs and such. However... many companies actually do allow this. Not sure if anyone is still going to see this reply, but I'll leave it here just in case.
This is straight from Spitfire's website.
https://spitfireaudio.zendesk.com/h...e-and-can-I-use-them-on-commercial-recordings
"Some examples of usages that are not necessarily thought of as standard recordings or compositions, but
would be in compliance with our terms are:
- Incidental music for film and video-games, including sounds that are generated by interacting with the interface but can't be recorded or exported
- Loop packs where you've played and recorded an original loop using the sounds included in the library (excluding already existing loops where applicable)"
I emailed them for clarification just to be 100% crystal clear.. but it seems like you actually *can* do this. My mind is blown.
A friend recently opened my eyes to this when he got a similar answer from Spectrasonics. It's totally legal with their products, and even says so on one of their FAQ pages:
https://www.spectrasonics.net/support/knowledgebase_view_topic.php?id=149&categoryID=23
"However, you are able to use our instruments in all your musical applications without paying for any additional licenses. This includes the ability to distribute commercial and non-commercial music releases, song placements, music libraries, beats, stems, trackouts, cues, melody/chord packs, etc."
also..
"
Can I use Spectrasonics Virtual Instruments to create samples for distribution?
The simplest answer is that the standard license that comes with the purchase of a Spectrasonics Virtual Instrument covers any kind of musical use and does not cover non-music applications.
Here are several different scenarios:
• A “melody pack” or “chord pack’ could be collections of the user’s original musical phrases, presented as audio files which were created using Spectrasonics instruments. They may wish to distribute these musical creations to other producers. This type of use is allowed under our standard license, since it is essentially a type of music production and music licensing. The only exception is if the audio files are to be embedded in other software or hardware, which would require clearance with us."
I've emailed a few companies (Heavyocity, Spitfire, Audiobro, Cinematic Studio Series, Output) to get specific clarification on the legality of this. I'm starting to think this is actually allowed by most.. you just have to ask. They don't want you creating other instruments or sample based software/hardware competitors. Using their products to create musical loops and then selling those loops to other producers and composers? That might be totally fine and legal with most companies..