Using sounds as part of a library?

Posts: 3
Joined: 2008-01-25

I am writing a program that allows users to organize, preview and use audio samples. I plan to sell the program, but would like to include a sound library to go with it (like a starter library).
The sound library files wouldn't be compiled into the program a library of sound files. Each sound file would be encrypted so it could only be accessed through the program (which would allow the user to export it as a wav or mp3 for use).

It is almost like creating a CD library of sound files, but it isn't exactly. I am distributing my own application that allows users to access the files.
So I want to know if I can use the files like this?

Also...
I was going to allow users to download additional sounds for free. Could I use the sound files for that?

Thanks
Mike

Submitted by MikeJoel on Fri, 2008-01-25 17:55. login or register to post comments

Sampleconstruct

Posts: 203
Joined: 2007-09-11

I find that a bad idea to be

I find that a bad idea to be honest. Sell your application including sounds you got for free doesn't seem right to me. Legally you are safe as all soundsnap sounds can be used comercially. Just my 2 cents...

--

www.simonstockhausen.com - www.universe-of-sounds.com

Fri, 2008-01-25 23:51 login or register to post comments

Red Prince

Posts: 212
Joined: 2007-11-10

Hell, no!!! As the license

Hell, no!!!

As the license clearly states:

You Cannot:

- Make commercial distribution of these sounds 'as they are'.

Sat, 2008-01-26 17:24 login or register to post comments

tasos

Posts: 669
Joined: 2007-07-02

I get the feeling that both

I get the feeling that both of your uses of sounds fall under 'commercial distribution', although I don't completely understand the 2nd use- please provide more info.

If that is the case, then the answer will have to be 'No', like Red Prince pointed out very correctly.

Sat, 2008-01-26 21:46 login or register to post comments

Sampleconstruct

Posts: 203
Joined: 2007-09-11

Well that's even better then

Well that's even better then - I thought it was just a "moral" issue :)

--

www.simonstockhausen.com - www.universe-of-sounds.com

Sun, 2008-01-27 10:15 login or register to post comments

MikeJoel

Posts: 3
Joined: 2008-01-25

Can I mention

Can I mention something?
SampleConstruct and others who made emotional comments,
Why is selling something I got for free wrong? Please using logic and reason not emotion.
If people are making sounds and placing them on a "free" site and I take the time to go through and download the ones I want, why shouldn't I sell them if it is legally allowed? I didn't force someone to decide to place them up for "free". When you made it you had all the rights to sell or use it as you wanted but if you decide to give it away for "free" then why are you going to complain if someone else figures a way to make money from it?

There is nothing morally wrong with this. I am not hiding in a closet grabbing other people's work that they aren't wanting to share. I came right out and asked. If you want to talk morals we can, but I doubt a majority will want to (one point might be saying , "oh yes here, I want this up for anyone to use", they saying someone is immoral because they use it in a way you just dislike.

I use "free" because on closer examination I don't see any real difference between this site and almost all others which claim "free" but then go on to remove the free part.

I didn't come here to start a fight I came to ask my question right out in the open.

So back to my question,
It states this and in the quick top part says "- Make commercial distribution of these sounds 'as they are'. For example, you cannot download and sell them as part of a CD library". Note the "as they are" part.
From what I see of the license system, if I condence or remix, or in any way change the samples then I can use them. Which I have no problem with.
I also have no problem giving credit where and when possible.

The second thing I mentioned was placing the sounds in ZIP files to allow people who own a copy of my program to download it from my website (for free).

Thank you
Mike

Sun, 2008-01-27 16:20 login or register to post comments

tasos

Posts: 669
Joined: 2007-07-02

Hi Mike, First of all, I

Hi Mike,

First of all, I wanted to say that we are not making a moral judgment here. I am glad that you want to use our sounds and happy to be answering this question.

Secondly, I am not a lawyer- so my advice is just a guide, not professional advice, that you should seek from a lawyer.

I think that your use of the sounds is a 'commercial distribution', even though they will come free with the software- they are sold as part of a not-free piece of software.

To avoid confusion- you can use sounds in your menus and software application (like in a commercial movie, song etc.), but cannot distribute the actual sounds in a commercial software product.

About remixing the sounds, I believe that any commercial distribution is prohibited, and therefore wouldn't alter the sounds and distribute them, in order to stay on the safe side. The important part of the license is not the 'as they are', but the prohibition of the commercial distribution itself.

[See below for more information on why it is not allowed.]

Hope this helps.

Sun, 2008-01-27 17:19 login or register to post comments

tasos

Posts: 669
Joined: 2007-07-02

Have a look at this, taken

Have a look at this, taken from the Soundsnap License:

"In no circumstances whatsoever, may you copy all or a significant part of the Works in the SoundSnap website with the purpose of redistributing them for profit."

Sun, 2008-01-27 17:26 login or register to post comments

Sampleconstruct

Posts: 203
Joined: 2007-09-11

I didn't start a fight

I didn't start a fight really I just said I find that a bad idea to do. I produce sounds for soundsnap because I like the idea of sharing sounds worldwide. If someone wants to profit from soundsnap other then using the provided sounds in a production or just collecting them in an audiophile way I disaproove of that because for me this is "morally" wrong. If you want to sell a commercial program, get some Sounddesigners to work for you or ask the authors if you can use their sounds and offer them a share of the money you will earn.

And different from Tasos I am making a moral statement here....

--

www.simonstockhausen.com - www.universe-of-sounds.com

Sun, 2008-01-27 18:09 login or register to post comments

MikeJoel

Posts: 3
Joined: 2008-01-25

- Just want to make it

- Just want to make it clear, I am not mad or trying to turn anything into a fight.-

Other than whether or not I would be breaking the license there is no more moral question.

If everyone submitted their samples knowing that a license allowed them to be used comercially then if they claim it is a bad "moral" that someone uses it in a way they dislike, that is not bad morals (except maybe on their part) it is whining (on their part).

Just a moral question of my own. Has everyone contributing samples to this site got a license to use the MP3 format? You know it is a proprietary file format.

Now of course if the license says I can't use them I won't. It is that simple.

But think about this....
You said, "get some Sounddesigners to work for you or ask the authors if you can use their sounds and offer them a share of the money you will earn"

Don't ever complain about big companies like Microsoft having a huge share of the markets when you don't care if it is alright with the license you just don't want it done. Also if I were to pay people for the sounds I would drop the project since I will only be making like $9.00 for each sale (minus costs).

So like I said, I have no problem not using the sounds if it is against the license but for those who don't care about the license and simply complain someone would make money with them.... don't complain about companies with the majority of the market and how they treat people.

Thanks for all the information
Mike

Sun, 2008-01-27 21:09 login or register to post comments

tasos

Posts: 669
Joined: 2007-07-02

No problem Mike. Simon

No problem Mike.

Simon (Sampleconstruct): I totally agree with you. I have tried to include what I think are correct morals in a fair License. So by referring to it, I am essentially making a moral judgment- the one we made when writing the License- it wasn't written on its own :-)

Thanks all for bringing this important issue up and discussing it.

Sun, 2008-01-27 23:26 login or register to post comments