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#Actualbschmidt1962

Posted 16 August 2012 - 12:56 PM

The above debate notwithstanding... Posted Image

The issue of what can be done with Magicx-created music is apparently somewhat heated and not entirely clear. Magicx has apparently changed their license terms a couple of times, and people aren't exactly certain what they can and can't do with music crated with it.

Here's what appears to be the Magicx Musicmaker License Agreement.
http://www.magix.com/gb/eula/consumer/

Of interest is section 6 and 7 (Bold highlight is mine).

6. Use of music, video and photo files:
The music, video and photo files included with MAGIX products may only be used within the scope of producing personally created works to be used for non-commercial purposes.

7. Claim for damages:
MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.

Now there may be a way of licensing the sample/loops differently to allow for commercial use, paying an additional license fee, etc.; I don't know..

Without wanting you to start an ugly battle, one tact might be to kindly say that you're not necessarily 100% comfortable using that program to create music to be shipped with their game, and perhaps suggest that you'd feel better if they had their lawyer look over the EULA for the current version of MagicX MusicMaker first.

Also note that the contract you signed with the developer probably states that you warrant that what you create is free to be shipped and distributed by the developer/publisher. So you'd probably want to make yourself comfortable that what you're doing isn't in violation of the Musicx license agreement, or ask them directly about "commercial license fees", etc.

Lest you think this is all "theoretically" only--
Last GDC I was talking with the audio director of a well known publisher. He told me they had been sued because a sample library maker had recognized their samples in a successful game, looked up the composer and saw that the composer didn't have a license to their sample library--he apparently had obtained a cracked version. The very last thing you want to do is deliver music that results in a call to the company's lawyer....

Thanks for a great idea for a topic for GameSoundCon's business panel Posted Image..

Brian Schmidt
Register now for GameSoundCon 2012, San Francisco
October 24-25, 2012
www.GameSoundCon.com

#1bschmidt1962

Posted 16 August 2012 - 12:50 PM

The above debate notwithstanding... Posted Image

The issue of what can be done with Magicx-created music is apparently somewhat heated and not entirely clear. Magicx has apparently changed their license terms a couple of times, and people aren't exactly certain what they can and can't do with music crated with it.

Here's what appears to be the Magicx Musicmaker License Agreement.
http://www.magix.com/gb/eula/consumer/

Of interest is section 6 and 7 (Bold highlight is mine).

6. Use of music, video and photo files:
The music, video and photo files included with MAGIX products may only be used within the scope of producing personally created works to be used for non-commercial purposes.

7. Claim for damages:
MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.

Now there may be a way of licensing the sample/loops differently to allow for commercial use, paying an additional license fee, etc.; I don't know..

Without wanting you to start an ugly battle, one tact might be to kindly say that you're not necessarily 100% comfortable using that program to create music to be shipped with their game, and perhaps suggest that you'd feel better if they had their lawyer look over the EULA for the current version of MagicX MusicMaker first.

My hunch is that'd scare off the company from using music from a composer who's using Magicx loops to compose their music.

Lest you think this is all "theoretically" only--
Last GDC I was talking with the audio director of a well known publisher. He told me they had been sued because a sample library maker had recognized their samples in a successful game, looked up the composer and saw that the composer didn't have a license to their sample library--he apparently had obtained a cracked version. The very last thing you want to do is deliver music that results in a call to the company's lawyer....

Thanks for a great idea for a topic for GameSoundCon's business panel Posted Image..

Brian Schmidt
Register now for GameSoundCon 2012, San Francisco
October 24-25, 2012
www.GameSoundCon.com

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