SFX legal rights

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4 comments, last by nsmadsen 9 years, 4 months ago

Hi people,

I have a question about SFX legal rights as the title says.

I would like to sell some sounds that I would make (not a full library but just a few on audiojungle for example), can I sell sounds that I made FROM a library (let's say a BOOM one) that I own (obviously I bought it it's not cracked from the internet)?

And obviously again, it's original sounds, not the ones that are on the library. The BOOM ones have a constructed part on their library specificaly so you can make your own sounds.

Or do I have to do that only with sounds that I record myself?

I know you can use these libraries for movies/games and stuff but it's not really a re-selling of SFX.

Thank you.

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I would like to sell some sounds that I would make (not a full library but just a few on audiojungle for example), can I sell sounds that I made FROM a library (let's say a BOOM one) that I own (obviously I bought it it's not cracked from the internet)?

It depends on the license.

Take a careful look at the license of the library. If you create a new sound based on atleast one sound(-part) included in the lib, you have created a derivation. Most of the copyright elements of the original are transfered to the derivation, take a look at the according wiki article.

Usually the license will tell you what is permitted and what is forbidden.

Thanks a lot very clear.

So as a follow up. One of my licence states that :

Prohibited Uses
The audio files licensed under this agreement, may not be used in any product that is primarily nature audio and
therefore would compete with other present and future ***************** products. Primarily, for the purposes of this
agreement, is defined as containing pure nature sounds (without voice, music, human or machine sounds or other
non-natural sounds) for at least 50% of the total elapsed time of the product. Examples of prohibited products would
be environmental soundscape albums, internet radio programming consisting of only nature sounds, nature videos
without narration, some mobile applications, and ringtones. If in doubt inquire with ******************* before using.

Derivatives
All derivatives of licensed audio files, whether created in part or whole of the file licensed by this agreement, either by
mixing, editing, processing or any other means remain bound by the terms and restrictions of this Agreement.

Which, and tell me if I'm wrong please, tells me that I can actually do derivative and sell them as long as it doesn't end up as another nature sound (in this particular case). If it doesn't end up as nature sounds (again in this particular case) I have no worries that people could use my derivative to make nature stuff themselves since it would sound like something else, hence I do follow the derivative rule.

Another one says this : (this is actually the Boom one on their website)

LIMITATIONS:

This license expressly forbids any unauthorized inclusion of the CONTENT in any library (e.g. sample instrument, sound effects library, etc.) online or offline without our express written consent.

The MEDIA LICENSE also forbids any re-distribution method of the CONTENT, through any means, including but not limited to, re-selling, trading, sharing, resampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device.

So obviously it means I can't re-sell them which is pretty obvious, but I don't understand if it includes work that I might do with the content.

Let's say I take a fire sound and an animal sound and I make some kind of dragon breath, it's made with their content but it's not really a sound they have.

Is it what they mean with the "resampling" and "processing" parts?

No that means you can't. Derivatives are bound to the same restrictions, which means you can't take a sound library, change or combine the sounds, and then resell them as your own. If that wasn't the case, I could just buy every library, add a 1hz bump somewhere and then resell it as a new and original mix.

If you're directly curious about the BOOM library EULA, then read this page:

http://www.boomlibrary.com/boomlibrary/faq#game

Thanks!

Nate

Nathan Madsen
Nate (AT) MadsenStudios (DOT) Com
Composer-Sound Designer
Madsen Studios
Austin, TX

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