Commercial Use of Original Compositions in Sample Packs

Question

Hi everyone,

I've been reading the Native Instruments EULA, but I'm still unsure about one specific use case.

I know that NI libraries can be used for commercial music production, and I also understand that redistributing individual samples or creating a competing sample library is not allowed.

However, my question is about something different.

I create completely original multi-instrument musical compositions using Kontakt and other NI instruments. These are full compositions (typically 60–90 seconds long) with original melodies, chords, arrangements and processing, not isolated instrument recordings, one-shots or preset packs.

I then render these compositions as stereo audio loops and include them in commercial sample packs for other music producers to chop, flip and use in their own productions.

Would this type of product be considered a permitted original musical work, or would NI classify it as a prohibited "sample-based product" under the EULA?

If anyone from Native Instruments or someone familiar with the licensing can clarify this, I'd really appreciate it.

Thanks!

PK The DJ · Answer

The way I interpret the reply is: You can't sell your composition as part of a loop pack. If you sell your composition as a standalone track on Bandcamp etc then that's OK.

Based on your description, maybe you should offer them as music for film and TV, like Alex Ball.

PoorFellow · Answer

https://community.native-instruments.com/discussion/comment/265096#Comment_265096

They confirmed that selling original compositions as part of commercial melody loop/sample packs is not permitted under the current Native Instruments license.

I think that you are over simplifying the NI answer , since I do not see what you write to be a direct quote of the answer.     However I think that depending on the exact use situation then it really fast becomes really complicated.

What I see is prohibited is to use the sounds "single" , "combined" or "modified"  to create sound libraries , loop libraries , sample CDs or similar products.

They do write : All Samples, Instruments and Presets provided by Native Instruments may be used for commercial music production and compositions anytime without any further permission by Native Instruments.

So it appears as if it is the chopping up and  sell as sounds/samples.  I think that this makes sense in as much as if you press the key on your Midi controller and Kontakt then produce a sound then that only happens because you play a sample from the Kontakt library  "single" , "combined" or "modified" .  So if you were to record that and sell that then you would actually be selling the same sample  "single" , "combined" or "modified"  .  You argument is that you are combining more of the sounds in a manner where you are no longer selling the original sounds ( "single" , "combined" or "modified" ) when selling them as part of loop packs where as it probably really fast all becomes a grey zone.  What NI do not want is for you to sell their Kontakt libraries or derivations thereof  as loops or sample packs whereas you are free to sell your compositions.

You might say that what I / NI writes is some hair splitting discussion where one could put up the counter argument that  you are also willing to split hairs to be allowed to do what you want.    I don't know if it always all is as clear cut as either party here would like it to be.

Please understand that as a Moderator here then I am not a NI employee , thus what I write here are my own opinion and I am not writing any of this to argue with you in any way I am merely trying to help you make some sense of the answer that you have received from NI Support.

Personally I would like to understand if it is also prohibited to sell loops/samples of 'made from scratch' sounds made with software  synthesizers  (?) and if that is prohibited then if that is valid for all sorts of software synths of all makes and types including modular ones (made from sounds made by using e.g. combined Reaktor blocks).

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LostInFoundation · Answer

I’m not convinced they are telling you you can’t sell your created melodies as samples. Even because it would be really strange. It’s like if a guitar company would tell you you can’t sell guitar loops because that sound comes from their guitar… or if no Moog/Steinway/Rhodes loop could be created because it is Moog/Steinway/Rhodes sound…

NI itself is releasing Virtual Instruments that are reproducing those companies’ Instruments sound… which is far more “laws defying” than selling a melody saying “I sell you this melody I created using XY NI instrument”…

Although i must admit that including that “loop libraries” is quite confusing

They had to repeat again what is NOT allowed, but they are not telling you “No, you can’t create melodies for others with NI’s VI”.

@Jeremy_NI what do you think? How do you interpret your colleague answer?