Is it legal?

Discussion in 'SAMPLE Talk' started by kavinsky, Jun 21, 2017.

  1. Floris

    Floris New Member

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    I am wondering about this. If a certain set of samples can only be used in musical context: are YouTube reviews, tutorials and behind-the-scenes also in violation for just playing single tracks out of context?
    Even though this is not what the EULA is trying to prevent: if you look at it from a black-white perspective: does this technically violate it?
     
  2. Daniel James

    Daniel James Senior Member

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    A loop is considered a sample. And pretty much every professional sample library on the market strictly prohibits using their libraries to create new samples to sell.

    It appears Splice is selling licences to samples they do not own and I strongly recommend those companies effected send a cease and desist and try to get any money made from your samples paid back to you.

    This is one of the dangers of using sample content from outsourced creators. Splice really needs to be careful with that as it is them selling it, leaving them open to legal action.

    -DJ
     
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  3. Dex

    Dex Member

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    Yes, absolutely. If the EULA says you can only use the library for x and you go do y with it you are violating the EULA.
     
  4. Daniel James

    Daniel James Senior Member

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    According to the creator of that pack they had permission to do so. I am hearing multiple libraries so I have followed up on twitter to see whom gave the ok.

    Because if companies are allowing people to create and sell loops using their packs I would be a fool not to do so also.

    This is from one of the loop pack developers:

    "Hey man! Just wanted to address this. When I was commissioned to make this pack years ago, I was OK'd to use one shots but not loops. Everything I make these days is squeaky clean. I cannot speak for Splice though. Just wanted to clear up how it went down on my end. DMs are open"

    -DJ
     
    Last edited: Apr 14, 2019
  5. Desire Inspires

    Desire Inspires To the stars through desire....

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    Dangerous rhetoric.
     
  6. Daniel James

    Daniel James Senior Member

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    It’s as simple as, the person who creates the sample owns copyright to those samples. Via a license agreement you can allow others to use those samples for certain uses. If someone breached the EULA, they are then violating copyright, and those are the laws you would be dealing with.

    Most companies to not restrict users from showing their samples on youtube in the form of reviews or track breakdowns because the user is not redistributing the samples or trying to sell permission to use the sounds, so they are on the correct side of the license agreement. Actually many companies encourage it, it’s great promotion.

    At the end of the day you never own the samples you are using, so it doesn’t matter if someone rips them from a users video. You only ever own a license to reuse those samples in a manner agreed upon in an EULA. Creating and distributing loops made from sample libraries legally is not that much different than ripping a chorus from a Lady Gaga song and then reselling it as a pop loop.

    -DJ

    P.s Lady Gaga is the metric by which we discuss copyright here XD
     
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  7. Daniel James

    Daniel James Senior Member

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    Ok after following up, It appears splice told the packs creator "that as long as the sample is modified, it's usable." Which we all know not to be true. So developers, if you hear your work on Splice, send a cease and disist as they are telling their pack producers it is ok to circumvent the EULA. And you will have a very strong case for a copyright infringement. Particually as they are making money from the service.

    -DJ
     
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  8. Diablo3

    Diablo3 Member

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    Added note: He didn't say it. My bad.

    Christian Henson said it best on his vlogs: "If you don't protect your IP, no one is gonna do it for you", or something like that. Meaning if you get leaked libraries from SFire Audio or buy from this seller (let's say they selling it's illegal) and 8Dio or any mentioned company hasn't done anything to prevent it, then you are not doing anything wrong.
     
    Last edited: Apr 19, 2019
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  9. Daniel James

    Daniel James Senior Member

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    I will most certainly be protecting mine.

    -DJ
     
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  10. Diablo3

    Diablo3 Member

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    Yeah, and btw, I don't agree with CH....
     
  11. Dex

    Dex Member

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    Not true. It's still wrong (and illegal) even if the company hasn't tried to prevent it.
     
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  12. Daniel James

    Daniel James Senior Member

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    As we can all clearly hear DAMAGE in that link. Here is the EULA section related.

    "The usage of Heavyocity products (in particular samples, instruments and presets) for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument is strictly prohibited"

    Which is all you need to know really.

    -DJ
     
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  13. Diablo3

    Diablo3 Member

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    I agree. A bad deed is a bad deed no matter what.
     
  14. Daniel James

    Daniel James Senior Member

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    Well its essentially a pirate site. And I think that message should be made very clear to professionals!

    -DJ
     
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  15. Hasici

    Hasici New Member

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    It is my experience that in such cases everyone involved knows pretty much exactly what they are doing and that they are ripping off a library but pretend to either doing within their rights or pretend that they don't know where it came from or was done by someone else...
     
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  16. Daniel James

    Daniel James Senior Member

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    But as a professional you cannot open yourself up to those risks knowingly. Splice is for all intents and purposes a piracy site as the content you get from it does not provide the required licence to use them.

    If you use pirated samples thats on you as a composer.

    After looking into it, speaking to both developers of the original sample libraries and the creators of the sample pack I am telling you as plainly as I can... Using SPLICE is the same as using pirated samples. You DO NOT have the correct licence to use it in your productions. I am saying this message should be spread to as many professionals as possible, as the site looks legitimate, but the content is not.

    -DJ
     
  17. paulthomson

    paulthomson New Member

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    I’m not sure how you manage to get that interpretation!

    He’s saying precisely the opposite.

    If you don’t look after your own IP, why should you expect anyone else to value it.

    ie: look after your own IP.

    We strongly protect our IP at Spitfire, to the extent of having three independent companies working on anti piracy, and having our own traceable methods of preventing illegal use of our IP.

    Apart from anything personal - it’s our absolute duty to our customers to protect our IP as strongly as we can.

    Best,

    Paul
     
  18. Diablo3

    Diablo3 Member

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    I swear to god he said it almost exactly like that. BUT maybe I took it out of context. If I ever find the exact time stamp in said video, will let you guys know.
     
  19. Diablo3

    Diablo3 Member

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    DISCLAIMER: I was wrong apparently. I guess I was on drugs (never done drugs)...
    Forum etiquette: Should I edit that mistaken post?
     
  20. paulthomson

    paulthomson New Member

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    haha!! no don't worry. Glad it was clearer on second viewing!
     
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