Even after an hour of searching, still need license clarification. Please help.

Sidbristo wrote on 7/31/2012, 4:17 PM

I've read lots of reprimands of people for asking this common question without searching, first. Rest assured, I searched and came away still confused.

There's been a lot of talk about the need for an Audio Pro license in order to use any of the media included in Music Maker Production Suite.

And yet, the MM license page (http://www.magix.com/gb/eula/consumer/) says:

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 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.)

That sounds to me like the 10,000 media clips included in MM are allowable in personally created works for commercial purposes.

Am I reading that wrong?

Second, and assuming I'm wrong and that Audio Pro licenses are needed, how does that work?

Let's say I create a song that uses 2 dozen clips -- all from the 10,000 included clips, not an extra soundpool. Am I supposed to buy a separate license for each of the 24 clips? Potentially thousands of dollars?

Third, is it considered commercial content if I use a personally created song (that uses included clips) in a video that is entered in a contest that has cash or prizes for the winner? And, is there a licensing problem if they're planning to use my entered video in their commercial efforts?

And, finally, the above quoted usage rights passage seems to preclude personal, non-commercial rights. It says media can ONLY be used for personally created commercial products. Doesn't that sound like they can't be used for non-commerical purposes?

Thanks for your help in sorting all this out.

Comments

gandjcarr wrote on 7/31/2012, 4:52 PM

Hi,

You know, I have also wondered about this and since I have never seen a reply from a Magix lawyer, I have avoided using this material. One would think that it is OK to use but when you read the legal documents, it makes you wonder if you can or cannot. The way this stuff is worded is so convoluted and not clear that you are better off using something from "videoblocks".

George

Procyon wrote on 7/31/2012, 7:38 PM

When I last read the EULA a few weeks ago, it had me shaking my head as well.

I've tried my best to clarify the situation for everyone, however as time goes on it has become impossible. It seems MAGIX now changes the wording of their EULA with every season of the year. Besides that, it appears the person(s) writing the EULA do not have a firm grasp of (US) copyright laws and a poor grasp of the English lanuage as well.

I can only conclude they are deliberately making it as difficult and confusing for their customers as possible. One can only speculate about the reason for this behavior.

PS (post-script)

In our defense, I don't think many people realize the time and effort some of us put in trying to help anyone here who asks. We can't help everyone, but we do our best. Often, we do so with scant information and little cooperation from the person posting. At times, we'll spend an hour or more clearly and thoroughly answering a questions that's been asked many times before only to have someone ask the very same question only an hour later. We don't work for MAGIX, and we certainly don't get paid for our time and effort.

So, I don't think it's too much to ask for people to put in a little effort of their own before posting.

Sidbristo wrote on 8/2/2012, 12:59 AM

On the same day I posted this question, here, I sent an email to Support. I've yet to receive an answer. (sigh)

johnebaker wrote on 8/6/2012, 2:21 PM

Your quote is misleading as you have omitted important parts of the section in question.

Your version of the EULA is:

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 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.)

The actual EULA as pointed to by your hyperlink states:

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.

I have highlighted the differences between the two quotes in red - and the reading and usage is clearly spelled out ie - non-commercial use for all Magix products - except for Xara Web Designer where the music etc may be used on your own commercial website. You cannot use these files in a website you create for someone else using Xara Web Designer whether for commercial gain or not.

John

Sidbristo wrote on 8/6/2012, 2:27 PM

Hi

Your quote is misleading as you have omitted important parts of the section in question.

John

John, thanks for your answer. But, just to clarify, my quote was NOT misleading. It was a direct copy from their website AT THE TIME. It's clear they have updated the page since then.

Anyway, looks like we have the answer about commercial vs non-commerical use.

Very disappointing. And such an odd business model. Oh well.

Procyon wrote on 8/6/2012, 7:11 PM

FWIW....I can confirm what Sidbristo said....a few weeks ago, the EULA did say "can only be used for 'commercial' purposes". I knew it had to be a mistake, but that's what it said.