Copyright of the virtual instruments.

Discussion in 'Internet for Musician' started by Wolfang, Sep 14, 2020.

  1. Wolfang

    Wolfang Producer

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    As far as I know, using samples for selling is kinda risky. Most music library companies don't allow the songs that used samples nowadays. So, I'm curious about the virtual instruments in the other hand. Most virtual instruments provide the midi patterns in it. Thus, there must be a high chance that your song is similar to others'.
    For example, you made a song using the midi patterns in EzKeys, RealLPC, Ample Guitar, EzDrummer, NI Sunburst, and someone else made a song using the same patterns earlier than you. In this case, can they sue you?

     
    Last edited: Sep 14, 2020
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  3. No Avenger

    No Avenger Moderator Staff Member

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    This depends on whether they're free to use or not. If they are, everyone can use them and no one can claim a copyright for this pattern, if not, no one is allowed to do this - without special permission.
    ATME, usually they're free to use. If you don't find any hints in the manual, I'd ask the developer.
     
    Last edited: Sep 14, 2020
  4. Xupito

    Xupito Audiosexual

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    I mostly agree with Noa.
    But then there are tricky cases. What of some commercial expansions, like EzKeys,... could be.
     
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  5. dkny

    dkny Platinum Record

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    If you're concerned about it, just don't use bits of music made by other people, make it all yourself.
     
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  6. GT33

    GT33 Kapellmeister

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    the only problem is when many people use the same pattern/midi :dunno: imagine when your tracks blow up and you get 50+ emails, hey bro you stole my melody:dont: lmao
    good artist copy great artist steal :winker:
     
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  7. Wolfang

    Wolfang Producer

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    Good point, Xupito. That's what I'm asking actually.
     
  8. Wolfang

    Wolfang Producer

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    I'm not talking about samples, but about VIRTUAL INSTRUMENTS MIDI PATTERNS. If you can't use them, what's the point of it? Especially, Ez series is designed for editing the midi patterns and that's what Toontrack promotes. And what about Scaler 2?
     
  9. No Avenger

    No Avenger Moderator Staff Member

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    Doesn't the same apply for these? Either they're free or not? :unsure:
     
  10. No Avenger

    No Avenger Moderator Staff Member

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    Demoing the capabilities of the instrument?
     
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  11. The Freq

    The Freq Guest

    Best Answer
    This is the perpetual question and always one of the best questions any musician, producer, DJ or artist who uses any 'supplied' MIDI, Audio or score can ask.

    The answer is both simple and complicated and I checked this out quite a long time ago as I knew there were around five types of licenses. Rather than spam this page with someone else's writing I will put the link here. https://www.musicbed.com/knowledge-base/types-of-music-licenses/28#:~:text=In general, there are six,rights license, and theatrical license.

    To adequately answer your question (hopefully), I think it is in everyone's best interests to check out the product on their homepage and look for disclaimers or contact them and ask things like "Are your samples/MIDI....royalty free for commercial use?" The last part of that is critical. Even if you do not own the product it is a VERY reasonable question to ask before buying something you may be under the impression you can use professionally. Then you know whether you up for licensing costs or not (The link above has the types).

    As for EZKeys, you can change keys, chord types into whatever you wish and tempos. Most of these programs function at their best if you think of them as "Yeah, I dig that groove/feel/swing...etc" And use it to create something of your own. Then the issue is solved copyright wise.
    I mean so it has a similar groove or rhythm in the keys but completely different chords and key that do not follow the identical pattern.
    The fact is that if someone copyrighted the 12/8 Slow blues around Blind Lemon Jefferson (circa 1900), every person who had ever written a blues with that pattern would have been in court and there are a heck of a lot of blues and jazz-blues and rock-blues musicians since 1900.

    EDIT: The "....royalty free for commercial use" question must be asked because royalty-free might mean only for personal use and a large number of sites do not specify that.
    Many sites have an abundance of Techno, EDM, Trap, Hip-Hop and dance samples. Note the ones with voices? Someone definitely got paid so it's a very good chance it will require a license for commercial use. I cannot stress the FREE "Ask them" enough, they must answer and if they do not be very careful.
     
    Last edited by a moderator: Sep 14, 2020
  12. recycle

    recycle Guest

    when we are talking about big hit songs (and therefore a lot of money moving), lawyers are ready to do anything to eat part of your profit.The point is that if your song generates income you have to expect someone to ask you for his share, even if you are using royalty free midifiles.
    I believe that chord progression midifiles are useful for those who want to get inspired on a theme, but no professional producer uses them as they are: it's too risky.
     
  13. Xupito

    Xupito Audiosexual

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    I agree, it can happen the same. I just mentioned the most likely tricky case that popped out in my mind.
     
  14. Wolfang

    Wolfang Producer

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    lol
     
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  15. Wolfang

    Wolfang Producer

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    Thanks! I should check their manuals carefully.
     
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  16. The Freq

    The Freq Guest

    All it takes for someone to get caught out is not watermarks or anything that complicated or ISRC codes or anything fancy. It could be the receptionist in the recording studio where the samples were recorded, the assistant, the engineer, the musician(s), the producer, the writer, the publisher even the cleaner or anyone who was around when the samples were recorded to say to someone with authority "Remember that session when we recorded....? Well, I just heard a track by John Doe on Streamer "X" using them." Word of mouth spreads faster than any watermark.
     
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