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- This topic has 20 replies, 1 voice, and was last updated 11 years ago by Anonymous.
April 18, 2010 at 4:00 PM #43216AnonymousInactive
I am building a website to market my video editing/dvd montage services and want to use some videos I’ve made as samples. They include Itunes songs that I have purchased. The question is … I am not actually selling these videos but am selling my services. Can I legally do that since I don’t intend to sell the video?
April 18, 2010 at 4:27 PM #181086RobParticipant
I think that’s still illegal because you’re technically benefiting from the use of someone else’s copyrighted work
April 19, 2010 at 1:06 AM #181087
I am not a lawyer nor do I play one on TV – However, unless you have specifically obtained rights to these popular songs (if you don’t know for certain then you have not done so) I would not post them anywhere or even make the videos available outside your living room.
You will need sync rights, mechanical rights, performance rights, distribution rights, etc….
Better to go with royalty free or some other easily and inexpensively licensed form of music. Look around in these forums for scads of royalty free suggestions.
April 20, 2010 at 4:05 AM #181088SteveMannParticipant
“They include Itunes songs that I have purchased.”
What you purchase is the license to listen to the music on your own devices. Read the fine print.
April 24, 2010 at 2:20 PM #181089AnonymousGuest
Interesting debateisn’t it? I have several DVDs of audioclips sold by Magix. Their program allows anyone with a modicum of musicalknowhow toput these clips into a timeline and concoct what is, to all intents and purposes, their own composition which I think means that the person compiling thetune is the composer and copyright holder. But it appears Magix say no, that is not the case, the musicians who played thoseindividual drum, bass, trumpet, sax, guitar clips are the copyright holders and soit is illegal toput all those pieces together, turn out anew compositionand use it as a soundtrack or theme tuneonvideo. Seems highly unfair to me. The musicians were – presumably – paid to produce the clips, Magix make their money by selling the DVDs but the end user – ie me – can’t play my own compositions except on my own stereo at home for fear that I land a huge bill for copyright payments etcetc. Or have I got it wrong?
April 24, 2010 at 7:12 PM #181090
bobcypheruk, can you post the language Magix uses that says you can’t do that (or a link to it)? I’d like to read it. It is interesting. I think the posts above are correct about music–you can’t use it in your own productions for any purposes, commercial or otherwise–you can just listen to it. But with your music creation software, I’d like to hear more.
To be a copyrightable work it has to be a work–a creation, not just a sound. The maker of a guitar or electric pianosynthesizer can’t claim intellectual property rights in the songs you create with his instrument. But if a musician composes a song, she can claim copyrights to that work.
I’m not familiar with Magix but it appears (to me) tobe ina grey area between musical instruments and a CD of composed songs.
April 24, 2010 at 11:28 PM #181091AnonymousGuest
Hi pseudosafari, these are two of the clauses in their T&C
5. USE OF THE MUSIC AND VIDEO FILES:
The music and video files contained in MAGIX products are exclusively for non-commercial purposes (purely personal use). Any commercial application of the software and/or music and video files is only permitted on receipt of express written authorisation from MAGIX. Any commercial use of the original files as well as modified files or new works derived from MAGIX music files, or commercial application of any other kind Art, is expressly prohibited, unless the respective MAGIX product (or packaging) is expressly identified as “royalty-free”.
All music files from MAGIX products identified as “royalty-free” can be used for commercial or personal purposes on condition that the work produced is visibly identified with the label (incl. logo) “MAGIX CREATION”. You will find this label and logo on our Internet site – http://www.magix.com. If you do not have Internet access, please call MAGIX and we will send the label/logo by post.
There is no obligation to identify work created with the products “MAGIX music maker professional”, “MAGIX @udio & video office”, “MAGIX @udio & video office premium” or “Samplitude 5.9 and following versions” and the associated music files, with this label and logo.
6. COMPENSATION FOR DAMAGES:
MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.
I put the bold type on the phrases which I consider to be contentious. I bought the software and two CDs of samples in the UK. The wording on the back cover of the case reads:
“No limits, Magix Music Maker Generation MM offers everything you need to produce songs and music videos. Combine over 2,000 of the latest sound loops in any music style via drag and drop with 6 virtual instruments and numerous real-time effects. There is no limit to your creativity.” To which I add, as long as you don’t make a penny out of it.
April 24, 2010 at 11:35 PM #181092AnonymousGuest
incidentally, there is no reference to royalty-free clips on the DVD cover, the labels or in the software itself – another case of the T&Cs being used to catch purchasers. If that wording had been on the cover I would not have bought it.
April 25, 2010 at 12:04 AM #181093
Thanks for posting that. I read it, and looked at some Magix clips on Youtube. The company has a tutorial/demonstration posted there. I think you said it best: there’s no limit, as long as you don’t want to sell what you make.
From what I can tell, this software takes their recorded samples and lets you arrange them. It uses recordings of them playing. It’s not using notes or sounds only, and for that reason I think it falls into the category of a copyrightable “work”–more like a CD of music than an instrument in terms of its status as a copyrightable work.
I think you’d be better off finding a good source of royalty free music or looking to upgrade your license with them to something that allows commercial use.
April 25, 2010 at 7:04 AM #181094AnonymousGuest
I think you are right bit I also think it unfair of Magix who do not make it as clear on their packaging as they do on their T&C, what the restrictions are. I imagine there are others who might have bought it thinking it was the answer to their music problems and, IMO, been duped, as I was. Ah well, such is life!! Any suggestions on royalty-free music sources, would be greatly appreciated.
April 25, 2010 at 1:50 PM #181095
I agree with your assessment of Magix, that’s for sure!
As for sources for music, try searching these forums. I’ve seen other discussions on it, by people who use it, so that’s a good place to start. I remember seeing links.
June 4, 2010 at 12:31 AM #181096AnonymousInactive
Check out Digital Juice. They have a lot of high qaulity royalty free music and more.
June 11, 2010 at 9:38 AM #181097AnonymousInactive
cool staff, thanks for sharing .
June 12, 2010 at 12:26 AM #181098AnonymousInactive
Royalty-free and buy-out music is very expensive. Fortunately, some of us are muses and can simply enter our home music studios and knock out something in a matter of minutes that matches the video exactly. There’s also no copyright to hassle with. You may be able to find a muse on craig’s list for a fraction of the cost of pre-made music.
June 13, 2010 at 10:51 AM #181099
Hi Zoobie –
I disagree bout RF & BO music being expensive. Some can be (very) pricey but there are sources like Digital Juice and SmartSound that make it very affordable for good quality music. Just MHO.
June 13, 2010 at 5:20 PM #181100Grinner HesterParticipant
I like Dewolfe when I have to use rayalty-free stuff. Outside of that, I just get poermission to use what I want. You’ll also find cool tunage from local bands eager to hand ya a cd for promotional purposes. I use garage band stuff all the time.
The only two pieces of music on my website right now are a Dwolfe cut for a promo O made highlighting my new studio and Kid Rock on my reel. In making so many of his tour spots, it was as easy as asking. Rell fodder can always be used as a great way to compliment your clientele.
July 16, 2010 at 12:10 PM #181101AnonymousInactive
I am not familiar with this specific software. However, as some of the others have commented, if the program is providing you with generic “loops” and or “samples” they are not really protected as an intellectual property. For EXAMPLE: a “pad” of say voices in “G” is not a “work”. Therefore is you use it, or change the key, you are ok. However, if you are using one of there “melodies” you are expected to “clear” the music. That is to say you must acquire a Sync license.
For the record, we work with major artists all the time doing live concerts and music clearances and rights is a big part of our business. We also score all our own music for our music beds, themes, etc. That said, you should consider that acquiring a Sync License from a publisher(s) is not always “expensive”. Like anything else ther is negotiation to be done. I would not suggest selecting a U2 track, but if you select a track you want to use that is just “PERFECT”, it is worth contacting the publisher. If you only want to use it as a theme song on your site for example, it is possible to negotiate an small fee.
Typically, the cost for a “Synchronization” and or “Master Use” license is based specifically on intended use. So if you are not talking about U2 or Lady Gaga, you might find you can negotiation a reasonable deal!
In most cases the Label will be more difficult to deal with than the Publisher. That said, you can always re-record your own version of the song, which will allow you to by-pass the “label” and simply apply for the sync license?
I am available if you need more details on acquiring and or negotiating rights, and GOOD LUCK!
July 18, 2010 at 7:53 PM #181102
Actually, be careful as some loops are copyrighted (like the very expensive sets from Sony). If you use a copyrighted loop in a song, you still need a license to do so.
July 20, 2010 at 6:11 PM #181103AnonymousInactive
You should take a peek at our most recent blog posting in The Production Doctor blog. This week we are covering music clearance in great detail. You should find it a very informative article!
July 20, 2010 at 6:20 PM #181104EarlCMember
Links do not open for me.
August 4, 2010 at 5:49 AM #181105AnonymousInactive
I agree with your assessment of Magix, that’s for sure!
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