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Topic: What Technically is "Library Music" for sample cd's

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  1. #1

    What Technically is "Library Music" for sample cd's

    So I know subjects like this have been posted before here. I just have a specific question and I need some clear answers.
    Maybe someone has an idea...


    When sample cd's have in their End User License that the loops or material cannot be used in "music library" or "library music," legally what are the definitions of a music library?

    Obviosly signing a contract with an actual music library would be illegal. What about giving a TV editor you know a bunch of music to use while editing his show.
    If he asked for some music and you gave him some tracks you put together that used a sample with this restriction, is it against the "no library music" rule?

    It just seems like a very big gray area to me.
    wondering if anyone has had expereince with this?

    cheers.

  2. #2

    Re: What Technically is "Library Music" for sample cd's

    Quote Originally Posted by Chris Villepigue
    So I know subjects like this have been posted before here. I just have a specific question and I need some clear answers.
    Maybe someone has an idea...


    When sample cd's have in their End User License that the loops or material cannot be used in "music library" or "library music," legally what are the definitions of a music library?

    Obviosly signing a contract with an actual music library would be illegal. What about giving a TV editor you know a bunch of music to use while editing his show.
    If he asked for some music and you gave him some tracks you put together that used a sample with this restriction, is it against the "no library music" rule?

    It just seems like a very big gray area to me.
    wondering if anyone has had expereince with this?

    cheers.
    Perhaps a good start point would be to consider the following:
    If you write for a specific task or project, then the music could be considered non library.
    If you write music for a generic base to be used for non-specified projects, then it could be considered library.

    This is a very general view, and if you end up writing for a particular project and the music is 'stored' and used later in different projects, with possibly different directors or producers, then the designation would change.

  3. #3

    Re: What Technically is "Library Music" for sample cd's

    Usage

    EDIT: License agreement under review.

    Francis Belardino
    Bela D Media.com
    Bela D Media | www.BelaDMedia.com

  4. #4
    Senior Member Richard Berg's Avatar
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    Re: What Technically is "Library Music" for sample cd's

    Anyone know how sample libraries are treated under the law? If they're considered software, then "shrink-wrap" licenses like the above can dictate a wide range of terms. On the other hand if they're considered sound recordings, then the protections that library authors desire would have to fit within the statute on derivative works, a much dicier proposition. My uneducated guess is they've never been tested in court at all.

  5. #5

    Re: What Technically is "Library Music" for sample cd's

    Dear Richard,

    I would be hesitant to call it a "Shrink wrap" agreement. Our license/usage agreement is present on the users guide pdf. That is available to download and review before purchasing.

    Best,
    Francis Belardino
    Bela D Media | www.BelaDMedia.com

  6. #6

    Re: What Technically is "Library Music" for sample cd's

    Quote Originally Posted by Bela D Media

    Music libraries can be many things. Our usage agreement is geared toward the composer who is involved in composing music for commercial music libraries. If our product is used in a mix/blend of other sounds/samples in a composition, we have no issue. This can be for profit as well. If the composer creates a music library for profit that is simply a play back our samples - we have issue and request notification.
    So Francis, does this mean a user would have to send you every library music track created with LD or Giovani for your approval...cause I would consider that a rather *major* inconvenience...this is why I prefer the Spectrasonics agreement which clearly states you can use their samples for music library use as long as the samples are used in the context of a composition and not presented in isolation or solo'd.
    I think this is more in tune with the realities of the market place, since music created for a specific purpose (thus a "non-library" use) will often be used as library music at some point down the road...

    Any clarification would be welcome (since I just bought LD 1 & 2 and have been looking at Giovani as well).

    Thanks,

    matto

  7. #7

    Re: What Technically is "Library Music" for sample cd's

    The above has no barring on LD 1 and/or 2. There is no need to send any tracks our way. As long as whatever you are doing is not, for example:

    CD Track 1. Boys ah sustained c
    CD Track 2. Boy ah sustained c#
    CD Track 3. Boys ah sustained D

    ...and so on. We have complete faith in our user and know that they would not do the above but, we still have to protect our work.

    Many Bela D Media products have been used for creation of high end film music libraries and we welcome it. As long as it is not the pure sample that can be ripped and re sampled, we have zero issue.

    EDIT: Perhaps our written agreement on this issue is too vague. I will consider a clarifiaction and post it to all Giovani users.
    Bela D Media | www.BelaDMedia.com

  8. #8

    Re: What Technically is "Library Music" for sample cd's

    Quote Originally Posted by Richard Berg
    Anyone know how sample libraries are treated under the law? If they're considered software, then "shrink-wrap" licenses like the above can dictate a wide range of terms. On the other hand if they're considered sound recordings, then the protections that library authors desire would have to fit within the statute on derivative works, a much dicier proposition. My uneducated guess is they've never been tested in court at all.
    They're covered either way. The "shrink-wrap" license (that's you Francis) works because the terms are spelled out and there's always the "click to agree" button.

    The second possibility ("they're considered sound recordings") also gives the sample creators rights because whether or not any "composition" could be considered derivative, the recording itself (master use, a separate copyright) will still be protected.

    There was a case last year involving NWA where the court (I think up to Federal Appeals Court but not Supreme Court) ruled that a sample of any length was a copyright violation.

    - Mike Greene

  9. #9

    Re: What Technically is "Library Music" for sample cd's

    Quote Originally Posted by Bela D Media
    The above has no barring on LD 1 and/or 2. There is no need to send any tracks our way. As long as whatever you are doing is not, for example:

    CD Track 1. Boys ah sustained c
    CD Track 2. Boy ah sustained c#
    CD Track 3. Boys ah sustained D

    ...and so on. We have complete faith in our user and know that they would not do the above. But we still have to protect our work.

    Many Bela D Media products have been used for creation of high end film music libraries and we welcome it. As long as it is not the pure sample that can be ripped and re sampled, we have zero issue.

    Giovani was released June 11, 2005 - we have sold many and have only received 2 emails letting us know about a particular usage.

    Example:

    EMAIL: I am using Giovani on company X's music library to be sold to producers. Giovani is being played within musical content soloed and also with other instruments.

    REPLY: Awesome and best of luck!
    Thanks for the clarification Francis!

    And I completely understand your need to protect your work, believe me. Just making sure I understand everything correctly.

  10. #10

    Re: What Technically is "Library Music" for sample cd's

    You quoted me before I could edit
    Bela D Media | www.BelaDMedia.com

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