Just the bottom line folks

smurf wrote on 11/12/2013, 9:30 PM

OK, I have read the site over...and over...and over...and I can not find a straight answer to this question...

I am creating Backing Tracks from my Soundpool collections to give away for free thru a free hosting service, just bog-standard tracks to practice guitar too..it THIS also illegal?

Don't treat me like a fool folks, just a yes or no answer, or a link to a post that speaks English, we all make mistakes...

Comments

gandjcarr wrote on 11/13/2013, 11:23 AM

Hi Smurf,

Since no one here works for Magix, none of us can give you a legal yes or no answer to your question.  The ELU (end user license agreement) for the non pro versions of the soundpools, really focuses on the commercial use of the material.  In my opinion if you are sharing your material and not charging for it, I personally cannot see any reason why you could not do that.  If you want an answer from Magix, then contact their legal department and ask your question.  This is a user forum and it is really not a place to ask for legal advice.

George

Procyon wrote on 11/13/2013, 12:00 PM

Yes...technically, it IS also illegal.

The license that comes with the software and soundpools is a PRIVATE license.  That means it is for your use only - you, and you alone!

Copyrights do not only apply to commercial (for profit) use, but ANY sharing, broadcasting and public performance.

That's as simple as I can make it.

smurf wrote on 11/13/2013, 1:31 PM

Procyon said.....

"The license that comes with the software and soundpools is a PRIVATE license.  That means it is for your use only - you, and you alone!"

Copyrights do not only apply to commercial (for profit) use, but ANY sharing, broadcasting and public performance.

That's as simple as I can make it."

If that is the case, the Magix is the biggest rip-off in history. To charge for something that you can not play for your friends in your own home "public performance" is flat out asinine...and that IS the way you worded it.

George, Thank you for the reply, I have dropped them an email a few weeks ago, but it seems like they are avoiding the simple question....I will try one more time, then I guess make a decision about it....

smurf wrote on 11/13/2013, 1:58 PM

OK, here is the way I read the EULA at the following page...

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

"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."

Good so far, it looks like I am clear to post the tracks for free, but this part is very much a concern...

"This also applies to music, video or photo data acquired through or by means of MAGIX products."

So, if I record an original composition using, say, Samplitude, or create a video using Magix software, they are claiming that it is bound by THEIR EULA? I don't think so and call bull. Please verify this Magix.

"Commercial use constitutes receipt of financial benefits through direct or indirect use of the files (through sale, licensing, ad banners, etc.)"

Since I am not making a red cent from the Backing Tracks, and am not posting them as any type of incentive to come to my page, nor anywhere that uses ad's to generate any type of money or rewards, I will take my chances & give them away. I am not giving away the individual samples or loops, but what I created using them. If Magix is saying that theyown my creative use of the loops that I paid for, then we have a problem...

If any Magix employee would like to answer my email, or better yet, post a response IN A PROMENT PLACE to clear this up once & for all for a LOT of people, it would be appreciated.

I have no problem obeying the rules, as long as I know WHAT THEY ARE!

 

gandjcarr wrote on 11/13/2013, 2:35 PM

Hey Smurf,

Just go ahead and do it, Magix is unlikely to sue you unless you were to make millions of dollars using their material.  This is all just Bull Shit and all technicalities.  I appreciate the fact that you want to do the right thing and know if it is legal, but at the end of the day what are they going to do to you?  Sue you because you shared some sound pools with some of your friends and family?  I doubt it.  There is a very diffetent context between a legal answer and a practical answer.  If you reside in the US, are they going to sue you in US courts? Probably not!  Would they win in a US court? Likely not.  You are not trying to use this material for commercial purposes, you have bought the software for your own personal use, and you are using it for exactly that.  I would not worry about this.

George

johnebaker wrote on 11/13/2013, 5:35 PM

Hi

The bottom line  answer is very simple - if you want to provide material for distribution and public use - buy the correct (Audio Pro) licence for each of the soundpool collections used.

---------------------------------------------------------------------------------------------------------------------

In response to your other comments:

Procyon is correct - Copyright is the issue here   . . . "The license that comes with the software and soundpools is a PRIVATE license.  That means it is for your use only - you, and you alone!". . . .

. . . . Since I am not making a red cent from the Backing Tracks, and am not posting them as any type of incentive to come to my page, nor anywhere that uses ad's to generate any type of money or rewards, I will take my chances & give them away. I am not giving away the individual samples or loops, but what I created using them.

It is irrelevant that you do not make any gain from publication or do not intend them to be used in any commercial way.

Once you have published you have no control over how the material is used - it is the fact that you are publicly publishing material made with copyrighted soundpools, that are licensed for personal use only,  that is the issue.

. . . If Magix is saying that theyown my creative use of the loops that I paid for, then we have a problem... . . . . . .

They are saying that they own the copyright of the soundpool loops and that you can only use these for personal use unless you purchase the appropriate Audio pro licence(s).

. . . . If any Magix employee would like to answer my email, or better yet, post a response IN A PROMENT PLACE to clear this up once & for all for a LOT of people, it would be appreciated. . . . .

They already have in this post here in response to a series of questions regarding use of the Soundpools and VST instruments - here is a summary of their responses to very specific questions on this subject: in relation to public distribution of works created using the standard persoanl use license.-

1.   If a built in synthesizer is used with the music or beat patterns that are built into them then I would expect copyright/licence to be applicable is this correct?

. . . This assumption makes sense, but this looks like a bit of a grey area at the moment . . .  refrain from using the sample melodies for the melodic software synths,  but the sample/preset drum patterns for the software drum computers are too generic to even protect them. . .

2.   If a synthesizer is  controlled/played from a midi keyboard or entered using the Midi Editor, using own composition with the built in instrument sounds eg Space Pad, Church Organ etc, is this copyrighted and a professional license needed?

. . . . Using the instrument/preset sounds from the software instruments with your own compositions (for commercial purposes) is definitely not a problem. . . . . The individual instrument sounds (sample-based or synthesis-based) are not protected this way. No special license needed (or available).

3.   As for 2 except the synthesizers parameters or beat patterns are set by the user.

. . . If everything is fully customised, you also don't need any special license . . .

In a nutshell the rules are:

a.   Soundpools and collections - these are copyrighted and require the commercial licence for use

b.   You should refrain from using the built in synthesizer melodies eg double click Revolta for example will put a melody on the timeline.

c.   Drum synthesizers are the exception to copyright / licencing - they are too generic.

d.   Playing the synthesizers (by external MIDI keyboard or using the Midi editor) with your own compositions and settings does not require a commercial licence.

John

Last changed by johnebaker on 11/13/2013, 6:03 PM, changed a total of 8 times.

Lateral thinking can get things done!

VPX, MEP Premium, MEP 2016, and earlier versions, Music Maker Premium, Music Maker 2016, 2015.

Running Windows 10 64bit on Intel i7-8700K 3.2 GHz, 16Gb RAM, 1Tb + 2 x 2Tb internal HDD + 60Gb internal SSD, + 6 x 2Tb ext HDDs, Sony FDR-AX53 Video camera, Contour HD 1080 and Sony HDR-AS30V Sports cams.

Procyon wrote on 11/13/2013, 6:08 PM

Sorry if you do not like the answers to your question, but facts are facts.

Your question was specifically about the Soundpool collections...i.e. the media (creative property)....which is not only protected by the MAGIX EULA and license but by copyright law as well.

We've explain these issues over and over in great detail.  The posting John links to is an excellent example.  Yet, there are people who continue to claim that no one has answered their questions.  It's not that the questions haven't been answered - it's that people refuse to accept the facts.

The answer is simple...as John suggested...purchase the Audio Pro license or don't use the Soundpools or other media provided with the software.  The alternative is to create your own original content using the the instruments provided in the software, from third parties, or real hardware instruments.  It's that simple.

smurf wrote on 11/13/2013, 8:21 PM

Procyon said

"It's not that the questions haven't been answered - it's that people refuse to accept the facts."

The tone of your post is uncalled for. It was an honest question, and one that john baker has answered very well, and that has cleared up this point of the EULA for me. You, on the other had, need to learn some people skills. It's that simple.

Judging from Mr. Bakers post, who is a Mod & stands as a rep for Magix,  the Soundpools are useless...if you can not share your creations then they are charging for a product that can not be used by any musician wanting to be creative & share that creativity, period.

His posts needs to be pined and/or posted on the front page so EVERYONE KNOWS that they are not getting what they expect.

I am going to give mine away, and let someone else worry about all this crap, and find a company that has some common sense, like Inner Rhythm, Beta Monkey, etc...they are out there, and will get my $$

johnebaker wrote on 11/14/2013, 11:22 AM

Hi

. . . . the Soundpools are useless...if you can not share your creations then they are charging for a product that can not be used by any musician wanting to be creative & share that creativity, period.. . . .

Here I would disagree with you.

It is up to the potential user to do their homework first.  All software is covered by licensing and copyright in one form or another.

Upon installation you are asked if you agree to the licensing conditions before the installation will proceed - it is up to the user to read these before they continue, however how many people actually do thet?

Having agreed to the licensing conditions, and then complaining about them, is like putting the cart before the horse - ie not going to go anywhere.

The price for the Audio Pro licence is also very reasonable for what you are allowed to do with them.

John

PS I do not work for Magix - just a satisfied user.

 

Last changed by johnebaker on 11/14/2013, 11:22 AM, changed a total of 1 times.

Lateral thinking can get things done!

VPX, MEP Premium, MEP 2016, and earlier versions, Music Maker Premium, Music Maker 2016, 2015.

Running Windows 10 64bit on Intel i7-8700K 3.2 GHz, 16Gb RAM, 1Tb + 2 x 2Tb internal HDD + 60Gb internal SSD, + 6 x 2Tb ext HDDs, Sony FDR-AX53 Video camera, Contour HD 1080 and Sony HDR-AS30V Sports cams.

smurf wrote on 11/14/2013, 7:54 PM

I agree with what you have written Mr. Baker, in theory, but here is the reason for my need for anger management...

Before Soundpool 18 the license was WAY more flexible. At 18 the newest clause was instituted and not reviled until folks want to post tracks created with 18. I heard this from friends, and it was on most audio sites I visited also.

I PERSONALY never checked into because I figure Magix had the right to do this, it is their company....but to find out that it has been "grandfathered" into all PAST collections is what made me ask.

Do I have proof? No, I copy pages when I make a purchase from places like eBay, Amazon, etc to protect my self if there is a problem, but never figured I would have to for a legit company. There was even a thread on here that the OP had copied & pasted what a EULA said, and a few people said that he was picking & choosing, but in reality Magix changed the page, and he had copied from the old page the day before the change...or something along the lines. It might have even been yourself that brought it to his attention...not sure.

I know that this is not the place to get legal advice, but users are more knowledgeable & quicker to respond most of the time, that is what is great about forums!

Bottom line is I gave away all the soundpools I had this eve, and really don't care for Magix as a company anymore. I do everything in my power to be legit in my music creation, and since these are useless as I need to use them, I just wash my hands of the whole situation.

Thank You for the responses. thoughts and all the information you have provided, it has been appreciated.