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Topic: Sample CD licensing

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  1. #1

    Sample CD licensing

    Hi GS users, Papa Chalk requested that I address an issue which seems to have lots of confusion. I am the owner of Q Up Arts and would like to explain our licensing in clear English. This of course reflects only the policies of Q Up Arts and not any other company. When a customer purchases a CD-ROm or CD-Audio product from Q Up, we are licensing a single user to use the sounds in his or her musical productions. The restrictions are: you can\'t resell,copy, trade or give away the sounds on the disc. There is no transferable license with our products, you can\'t post our sounds by themselves or re license them for soundcards or other sound library type products. These restrictions protect our content because we license our content to many companies for lot of different applications. We are on a weekly basis finding people who have abused this policy big time in the form of posting our verbiage, images along with pirated copies of our products all over the world. If the manufacturers of sample playback engines and smaplers would offer copy protection, this wouldn\'t be an issue, but apparently this hasn\'t been a priority or problem for those manufacturers. We ask for your support in helping us to protect our content and \"doing the right thing\". If you don\'t believe in this policy, please, we\'re not forcing anyone to buy or use our products. If this still isn\'t clear or you\'d like to discuss this, feel free to contact us by phone or email. dougqup@aol.com or 1800.454.4563.
    Cheers, Doug Morton/Q Up Arts

  2. #2
    Senior Member
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    Re: Sample CD licensing

    I guess we’ll all have to be buried with our coffins full of all the sample CDs we purchased during our lifetime…

  3. #3

    Re: Sample CD licensing

    Hi Bill, Hopefully you\'ll be buried with the knowledge you didn\'t steal the intellectual property of fellow musicians; RIP Doug/Q Up Arts

  4. #4
    Senior Member
    Join Date
    Jul 1999
    Location
    Winsted, CT
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    1,338

    Re: Sample CD licensing

    Thanks Doug,

    I feel much better now. Except for that jewel case for “Extended Classical Choir” sticking in my ribs…

    Have a great holiday!
    Bill

  5. #5

    Re: Sample CD licensing

    Hi Poncho, Thanks for your reply. Yes, the enforcement of licensing is a major issue for us and I\'m sure other sample publishers. We don\'t have the resources or time to chase down composers every time we hear a tv commercial with our sounds. We\'ve stayed in business based on the honest folk out there who adhere to the license agreement. We have a liberal exchange policy and try to treat our customers with respect, we ask the same in return. We do have a coalition with some of the other publishers called sampleunion.com. this is a virtual \"town square\" in which to hang the offending pirates in a public place. Litigating people in other countries if costly and usually fruitless. We should be spending our time creating new products for our loyal customers that DO get licensed, not chasing down scumbags!! Doug/Q Up Arts

  6. #6

    Re: Sample CD licensing

    Doug,
    Thanks very much for the info. I like your attitude. Have a very happy holidays and continue to develop kick products.


  7. #7

    Re: Sample CD licensing

    Doug,

    Thanx for the info. I\'m a video game music composer and I\'m wondering if you could adress certain issues regarding using liscensed samples. First there is the issue of useing samples as instruments in video games. I understand the isses regarding DLS and the simplicity of \"ripping\" the files from DLS banks, but there are other \"console\" game systems that have proprietary audio formats that the end user is UNABLE to access. Is it easy to obtain a \"permission of use\" document? As well, what about issues where your samples are completely edited and modified and resampled and looped differently. Would it still be an issue if the loop/intrument smple is edited so much? Also, if I use a lop as the single piece of a breakdown in a piece of music, and then sell the song, does that constitute as selling the sample? ok,..I know lots of questions,..but it seems like there should be ansewers all around for these,..but there aren\'t. Everyone in the industry seems to do things \"their\" way and I tend to wonder about the legal issues involved, and whether or not people are jsut not coming after them,..or they jsut don\'t care.

  8. #8

    Re: Sample CD licensing

    I\'m really enjoying the current posts concerning sample licensing. In an area where there are many uncertainties and legal grey spots, it\'s a good thing that sample manufacturers are speaking out.

    One thing that still baffles me, however, is how sample manufacturers \"enforce\" the laws. How do you really find out if the composer has used the legitimately licensed CDs in his or her composition, especially if the samples have been altered and manipulated beyond casual recognition? In a thick mix, it\'d be even harder to tell.

    Also, I often recognize \"lifted\" samples from popular CDs on TV commercials (Symphonic Adventures, anyone? and even infomercials (Distorted Reality on Psychic Hotline? )... In these instances, how do you check if the samples have been properly \"licensed\"?

    Just curious how you really can protect your intellectual properties. Anyway, I suppose you only aim for the \"big shots\" anyway, since we pesky amateurs with virtually no exposure don\'t count, hehe. :>

    If a sample is unlicensed, but there is no one to hear it, does it still matter? (Philosophy 101? hehe

    Thanks for the entertaining and educational thread! I\'m thinking about making a sample cd myself, so it\'s nice to know how I can protect myself.

  9. #9

    Re: Sample CD licensing

    >>King, Thank you for some very valid concerns and questions! I\'m glad you\'ve raised these issues.

    <<I\'m a video game music composer and I\'m wondering if you could adress certain issues
    regarding using liscensed samples. First there is the issue of useing samples as instruments in video games. I understand the isses regarding DLS and the simplicity of \"ripping\" the files from DLS banks, but there are other \"console\" game systems that have proprietary audio formats that the end user is UNABLE to access. Is it easy to obtain a \"permission of use\" document?
    >>If, for instance there is a midi file firing our sample set which is sitting in RAM or ? then yes we\'d have a problem with that and would be desirous of generating a specific licensing agreement with the company that\'s offering the product. If the game is addressing WAV files of your mixed music tracks which includes our sounds and other instruments, no problema.This would fall under the terms of our end user license agreement.

    <<As well, what about issues where your samples are completely edited and modified and resampled and looped differently. Would it still be an issue if the loop/intrument smple is edited so much?
    >>We don\'t have a lot of control over a situation when our sounds are mixed in with other sounds and turned into something else.In most cases it would hard to hear our source mixed in with other material. It\'s kind of a lazy way to create sounds but hey! it happens. It\'s a pretty gray zone from our point of view. Simply re eqing, relooping and reselling our content would be a violation of our property, sure.

    << if I use a loop as the single piece of a breakdown in a piece of music, and then sell the song, does that constitute as selling the sample?
    >>If the loop or sample is part of the mix, no problema, if the song has a break and you have xx measure of our loop, no problema. Our main concern is the resale of our content for use in soundcards, GM/GS sets, flashcards and other sound library type products.
    Hope I answered your questions, thanks for your concerns, we appreciate the dialogue. Doug/Q Up

  10. #10

    Re: Sample CD licensing

    Doug,

    Sorry it took me so long to reply,..\"freshened up\" my pc,..or rather windows decided it was time for me to

    I appreciate your answers.

    now a cpl more questions What if the midi I write if firing off samples I created that have short mixed loops I create with your sample sets?

    What if I mix a few of your samples together and form a chord with them? Then trigger them off via Midi?

    I guess both questions could be ansered with \"what is the definaition of Mixed music\"

    I appreciate your answers, as I\'m finding it is diferent for different companies. ex. \"I spoke with another sample library creator/distributer and found that the main concern for them was DLS, but with the playstation, and its internal sound chip,..they were willing to write up a permission of use document, since the end user of te game would have NO access to the samples,..and on top of it the samples would be downsampled as far as 8k and 4 bits (ADPCM).

    Oh..and HEY!!!! Its not that easy to make samples for vid game music!!..I mean You try using 40k to make a full song, including drums, bass, flutes, guitars, etc..and still have the producer LIKE it Alot goes into the filtering and resampling and looping process ,..oh and a bit of frustration

    take care, and thanx again for the info


    [This message has been edited by KingIdiot (edited 01-03-2000).]

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