Hi,

You own the copyright of any work you create by making it unique with your creative content. I am no lawyer but I have tried to learn quite a bit about this as I use a great deal of third party content in my productions.  As for the soundpools and the instruments, and images you purchase or were included with the software, they are governed by the use clause of the product you purchased.

Here is the use clause for Music Maker, Music Maker Special Editions and Movie Edit Pro:

6. Use of music, video and photo files:

The music, video and photo files included with MAGIX products may only be used within the scope of producing personally created works to be used for non-commercial purposes. This also applies to music, video or photo data acquired through or by means of MAGIX products. Commercial use constitutes receipt of financial benefits through direct or indirect use of the files (through sale, licensing, ad banners, etc.) This applies to the music, video and photo files included with the product "Xara Web Designer" with the stipulation that these files may be used in the scope of the purchaser's own commercial website. Transfer of these files to third parties for commercial purposes is not permitted. Exploitation of these music, video and photo files outside the scope of personally created works is illegal. Exploitation of these music, video and photo files outside the scope of personally created works is prohibited.

and here is where you can finde a copy of the complete EULA  http://www.magix.com/int/eula/consumer/

The biggest thing to note is the term "non-commercial".  Each Catooh product often has the ability to purchase different licenses for different types of use (usually related to distribution for commercial purposes)  I can find nothing in any of the agreements I have read that talks about providing credit or "attribution" as it is often called.

I do copyright my work where appropriate, which includes third party content, and have never had a copyright infringement action taken against me.  I have on a few occasions had the YouTube copright enginge flag my work as potential conflict however when I have contacted the company that YouTube "thinks" holds the copyright, the company has always released the claim.

You can learn much more abou U.S. copyright law here http://www.copyright.gov/circs/

Good Luck

Thank you gandjcarr for taking the time to explain. I do really appreciate your time. For now I'm just gonna keep my "magix" work to myself and use creative commons licensed music. I think I'm just gonna wait till I have the funds and buy a few "real" instruments, guitar, studio mic, drum machine, dac, & effects rack, and then use the software to edit my own sounds I create with my personally owned instruments. They will have no rights to those sounds or my creative work that way. Then I can call a song "my song" and credit "my self".

Hi Mark,

You don't really need to play all the instruments yourself, you just need to think about the way you are going to use the material.  If you think your creation will be a million seller then yes you should probably have a copyright lawyer look at the end user license agreement and advise you.  If you really want to simply post it on YouTube, or on your own website and sell your creations from there, if it were me, I would just do it.

If you have made multiple requests to the company for clarification on your intended use and the company has chosen to ignore your questions and not respond, it is highly unlikely that they would either sue you, or if they did, they would win in any U.S. court. 

Don't be afraid of protecting you creative works.

George

Thanks George. If I never took any chances in this lifetime, I would have never made it around the world like I have. I just may take your advice and see what happens. I need to make a friend that's a music industry attorney. LOL The one thing I can say is, it's fun making your own music with just bits and pieces of sounds and loops! It's probably the future of music. I think EVERYTHING will be done digitally sooner or later. I'm pretty sure they already have, or are already working on the first truly digital guitar. It will be interesting to see how digital instruments evolve. Thanks again. I really do appreciate your time.

Hi

This question has been answered many times before - and is reasonably clear - in brief :-

If you intend to sell or publicly broadcast any video ( or music ) with music created in MMM and containing any sound loops that come with Music Maker 2013 or any soundpools you have purchased, then you must have the professional licence.

If you create your own music using the synthesizers in MMM and do not use any sound loops that were installed with the program or purchased under the consumer licence then you can do what you will with the finished product

Do be aware of a 'scam' where a 'copyright agency' will claim prior copyright and/or similarity, who demand payment - similarity cannot be avoided where soundloops are used.

If you require further info these are the EULA's - see section 6

http://www.magix.com/gb/eula/consumer/   or   http://www.magix.com/us/eula/consumer/

http://www.magix.com/gb/eula/professional/    or   http://www.magix.com/us/eula/professional/

John

John, where do I buy the professional license and do you know how much it cost? Thank you for your time and your clearer definition of the EULA. Mark Erney

John, I just read both EULAs very carefully and then searched the magix web site to see if there was a way to buy the professional license and it does not look like Music Maker 2013 can be licensed "professionally". I mean, I'm not a rich man or even well off, but if the price was right, I would invest the money to be able to use the creations commercially. I can take the time and do like you said and make my own sound pools using the synthesizers and just create that way, but it would be nice to have the options to use the "timed" loops. Especially the drum loops. I'm not a drummer, so coming up with beats is definitely my weak spot. It really is such an awesome product! It would be very easy to get hooked on it like video games if you know what I mean. Once you get started, you just don't want to stop. It's really fun! Thanks again for your time. I assume you work for Magix?

If you have a link to where I can buy the "professional" license for Music Maker Premium 2013, please provide it. Thanks again for all of your time. Mark Erney

Hi Mark

All soundpools and sound collections are available on Catooh - most have a consumer and professional licence available for example

Best of Soundpool Collection 1 is at

http://www.catooh.com/uk/sys/id/Katalog/area/mediaDetails/item_id/238362/

and as you can see below there are two formats - wav and ogg - of the collection - both pro licence.

HTH

John

Thank you John. I think that was a selling point for me when I was looking over the special offer before I purchased it. Now that I think about it, I knew I remember seeing "pro" somewhere when I was downloading everything and entering the redemption codes. How will I know if a loop or sound is from that Vol. 1? Can I right click that loop or sound and get the properties and it will tell me? To be more specific, how will I know whether I'm using a Vol. 1 sound or loop as opposed to what came with Magix Music Maker Premium 2013? Some of those loops come bundled as part of the original software correct? And they are probably licensed as "consumer" correct? I just want to be sure which I'm using when I create something. I really appreciate your clarity. I think anybody who reads this will be more inclined to buy the product. I will definitely be buying more soundpools in the future, but I will make sure they are under the "pro" license before I purchase them. Heck! If I really get deep into it, I might just buy Samplitude one day! Your getting me hooked on your products. They are just so much fun! Now I have more interest in creating something original and unique. I'm more confident I could "possibly" protect it now. Thank you again for your time and excellent clarity. Mark