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Topic: End User License Agreements: comparison among developers

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  1. #1

    End User License Agreements: comparison among developers

    Hi everyone,

    I'm looking to make a few large sample library purchases I can use for commercial work. A big concern for me right now is the license agreements that different developers offer.

    At this point in my research, I'm a little worried about all the legal/financial obligations I may incur when I use a developer's sampled sound. Are there any libraries you would avoid because of really onerous EULAs? Or are there libraries that you would recommend for having more relaxed EULAs? Or has this never really been a worry for you?

    If any of you more experienced guys could share your thoughts about these matters, I'd really appreciate it. (I've tried reading the EULAs on different developers' websites, but sometimes these are hard to find, much less understand.)

    Thanks in advance,
    Klorg

  2. #2

    Re: End User License Agreements: comparison among developers

    Quote Originally Posted by klorg
    Hi everyone,

    I'm looking to make a few large sample library purchases I can use for commercial work. A big concern for me right now is the license agreements that different developers offer.

    At this point in my research, I'm a little worried about all the legal/financial obligations I may incur when I use a developer's sampled sound. Are there any libraries you would avoid because of really onerous EULAs? Or are there libraries that you would recommend for having more relaxed EULAs? Or has this never really been a worry for you?

    If any of you more experienced guys could share your thoughts about these matters, I'd really appreciate it. (I've tried reading the EULAs on different developers' websites, but sometimes these are hard to find, much less understand.)

    Thanks in advance,
    Klorg
    Hi, Klorg...

    One vocal library that I was CONSIDERING had a EULA that said "you can't sell this to anyone. Ever. For any reason." I didn't buy it.
    That's even more draconian than some of the copy protection schemes.
    Glad I found that out first.

    When in doubt, call/email and ask specific questions.

    Jim
    Jim Williams
    Professor of Capitalism
    N9EJR
    Indianapolis Brass Choir
    All Your Bass Sus&Short Are Belong to Us.

  3. #3

    Re: End User License Agreements: comparison among developers

    In general, they're all about the same:
    * Use the sounds freely in your own work.
    * Don't sell the sounds as sound libraries. (Selling stock music is fine; selling loops and samples is not.)
    * You can't resell the libs.

    The strangest EULA was on VOTA. It didn't allow you to use VOTA in US theatrical trailers. I believe that they have since relaxed that restriction. If you're doing a US trailer with VOTA or EWQL Choirs, you should double check the situation.

    There's some variation (for instance, how many machines can the sounds be used on), but those are the typical rules.

  4. #4

    Re: End User License Agreements: comparison among developers

    Quote Originally Posted by JonFairhurst
    In general, they're all about the same:
    The strangest EULA was on VOTA. It didn't allow you to use VOTA in US theatrical trailers. I believe that they have since relaxed that restriction. If you're doing a US trailer with VOTA or EWQL Choirs, you should double check the situation.
    Thanks for the heads up. This is the sort of situation I was worried about.

    Do you know of any EULAs that restrict use on commercial songs? How about commercial CDs? I've often wondered why some popular producers with large production budgets (e.g. in hip hop and R&B) still use low quality synth orchestra sounds. I wondered if it had something to do with licensing and fees. But maybe it's more of an issue of core competencies.

    -Klorg

  5. #5
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    Re: End User License Agreements: comparison among developers

    Quote Originally Posted by klorg
    Thanks for the heads up. This is the sort of situation I was worried about.

    Do you know of any EULAs that restrict use on commercial songs? ...
    -Klorg
    VSL Has a specific wording of a credit they require to be printed in album liner notes.

    -Belbin

  6. #6
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    Re: End User License Agreements: comparison among developers

    Quote Originally Posted by klorg
    Thanks for the heads up. This is the sort of situation I was worried about.

    Do you know of any EULAs that restrict use on commercial songs? How about commercial CDs? I've often wondered why some popular producers with large production budgets (e.g. in hip hop and R&B) still use low quality synth orchestra sounds. I wondered if it had something to do with licensing and fees. But maybe it's more of an issue of core competencies.

    -Klorg
    Klorg,

    We take a releaxed approach in our EULA.

    You can use our sounds in any music production including commercial songs and CDs. We just don't want you to repackage them in another sample library.

    We do not require that you credit us although it would be nice if it is practical.

    We do not prohibit resale and generally allow it (particularly if Native Instruments allows the transfer of the Player). In every case resale has been allowed.

    Hope this helps.

    Gary Garritan
    http://www.garritan.com

  7. #7

    Re: End User License Agreements: comparison among developers

    Quote Originally Posted by Garritan
    We do not prohibit resale and generally allow it (particularly if Native Instruments allows the transfer of the Player). In every case resale has been allowed.
    which is great Gary! (and I know that other libraries allow reselling as well, btw, but most don't yet).

    The only weird restriction I remember, which might be worth remembering is the VOTA (Voice of the apocalypse) from Nick Phoenix (EW), which put an extra clause in the EULA, which stated that you CAN'T actually use the library to score commercially trailers! The explanation was that VOTA was Nick's baby, and he was using it extensively to scoring trailers, and indeed this baby was what started as a personal project...

    The only other thing I might imagine is the use in music libraries, some of which may have a bit of problem, others no, etc...

  8. #8

    Re: End User License Agreements: comparison among developers

    In general the only problem is with loops, mainly because in effect they are already someone else's composition. I believe that if you combine them with other sounds, then this is usually enough to satisfy the developer, but do check if in doubt.

    The other thing to watch for is that some people say that you can't use your legally licensed sounds to program other people's music. This is absolute rubbish, but if a developer says that this is the case (and the only ones I've come across had cr*p samples anyway), then avoid them like the plague. There are plenty more fish in the sea. :>)

    D

  9. #9

    Re: End User License Agreements: comparison among developers

    One to be careful with is Big Fish, their EULA is a little vague.

    Though it does state that the sounds cannot be used in any Music library.

    There has been some debate about this at another forum that I am a member of.

    Some products that are loop based for instance Stormdrum and to as far as I know Spectrasonics Stylus RMX must not be left in isolation in a mix.

    Simon
    www.sounds-and-images.co.uk

    And now also at Flickr!

    http://flickr.com/photos/sounds-and-images/

    www.myspace.com/simonfielder

    NorthernSounds.NET.
    View Simon Fielder's Profile at NorthernSounds.net

  10. #10

    Re: End User License Agreements: comparison among developers

    Quote Originally Posted by belbin
    VSL Has a specific wording of a credit they require to be printed in album liner notes.
    Could any of you guys tell me how this usually flies in a professional situation?

    Here's my worry. Let's say you're talking with a producer who is thinking about bringing you on to create some instrumental parts on an album. You plan on using VSL. As you talk with him/her about the terms of the deal, you say that VSL needs to be credited on the CD. I can just see the look on his face as he thinks, "you want us to credit your $!*@! equipment? What the heck is this? Half the people working on this album aren't even credited, and you're telling me that your software thingy is more important than them?"

    I don't know. Has this sort of thing ever been a worry for you guys?

    -Klorg

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