what samples can be legally used in a commercial music software

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

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

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