what samples can be legally used in a commercial music software

Posts: 3
Joined: 2008-05-09

Hi Everybody,

I could not find reliable information in the following topic:

let's assume someone (like me) develops a commercial music software (e.g. virtual drum machine). What sound sample sources can be used legally for the software. (This use is very different from the use of samples for creating and releasing music. For example, an East-West sound library can be used for music without any restriction, but it is expressly forbidden to use the samples in music creating software of any kind.)

Specifically, what is legal to include in a commercial music software:

1. Personally recorded sounds from nature?
2. Personally recorded devices, excluding musical instruments or sound generators (e.g. typewriter, telephone ring)
3. Personally recorded acoustic instruments (e.g. drum kits, piano)
4. Personally recorded analog sound generators (synths, drums)
5. Personally recorded synth sounds (presets, edited sounds)
6. Sound samples downloaded from a website claiming free use in commercial projects, however the origin of the samples is unclear in many cases.

Thank you very much for your help,
Laszlo

Submitted by laccer on Fri, 2008-05-09 16:29. login or register to post comments

Sampleconstruct

Posts: 203
Joined: 2007-09-11

Check out the thread below,

Check out the thread below, we had a discussion about this topic a few months ago. As I see it you must not use any Soundsnap sounds in a commercial library as the licence agreement states.

http://www.soundsnap.com/node/40130

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

Fri, 2008-05-09 16:47 login or register to post comments

tasos

Posts: 669
Joined: 2007-07-02

From what I understand, you

From what I understand, you want to make a commercial software program and include sounds from Soundsnap. This would be commercial distribution, which is forbidden.

To your other questions now: Anything thats personally recorded can be used as long as it doesn't infringe anyone's copyright. For example, you cannot record a television program or someone talking and release it without permission. Similarly, you cannot use samples from digital synthesizers or presets of soft synths without changing them. Since those sounds have been created by the manufacturer and they are not unchanged by you (like they would be with analog synths), they are the copyright holders. So in theory, every record including the TR-808 drum sounds has used them illegally..!

By the way, the sounds on Soundsnap are not of 'unknown origin'. Please check the profiles of the sound creators for more information- most of them are professional sound designers, producers, recordists etc.

Sat, 2008-05-10 10:47 login or register to post comments

laccer

Posts: 3
Joined: 2008-05-09

Dear Sampleconstruct, thank

Dear Sampleconstruct,

thank you for your response. I already read the thread you suggested, but unfortunately my questions are not answered there.

My questions are not related to the creation of a sound library, the sound samples would be integrated into the application executable. In fact, I would prefer to record the sounds by myself (so that I can be sure of their origin and have maximum legal independence). I only do not know what recordings can be used in a commercial music software. For example, can I go to a studio to sample a Yamaha acoustic drum kit to have my legal drum sound samples (individual hits, not rhythmic patterns) in my commercial project? Or can I sample a Moog synthesizer or an analog Roland drum machine to use their sound (individual hits, not patterns) in a music software (e.g. a virtual drum machine)?

For instance, I know that there are virtual software synthesizers with license agreements that exressly prohibit the use of the synth to create sound samples to be included with (or integrated into) any other sound generating software (because this might be a direct competition to their software sythesizer).

Thanks again,
Laszlo

Sat, 2008-05-10 21:51 login or register to post comments

laccer

Posts: 3
Joined: 2008-05-09

Thank you for your repsonse,

Thank you for your repsonse, Tasos,

Ok, now You made it very clear that I cannot use samples from this site for my purpose. Then, can I go to a studio and record an acoustic drum, an analog drum machine or a digital synth (user preset) and use it in my commercial music software? Can you please share any information on this?

Sat, 2008-05-10 22:08 login or register to post comments