Commercial license for Audio Demos of Expansion kits

Staykool
Staykool NYCMember Posts: 62 Tri

When I listen to NI Expansion kits. There are some great musical ideas in the audio demos. Are those ideas and melodies open for commercial use or are they copywriten?

Best Answer

  • ShelLuser
    ShelLuser NetherlandsMember Posts: 177 Saw
    Answer ✓

    Check the license agreement that comes with the Expansion...

    Now, with all due respect but I am not going to dive into this too deeply because when it comes to legal terms one missed "," can become an issue. However, I will try to share my insights, just don't expect my comment to be upheld in a court of law. And in case you're wondering, yes, I am honestly looking into this because your question intruiged me:

    Any other use or exploitation not explicitly granted to Licensee in this EULA shall not be allowed without written consent from Native Instruments.

    This mostly covers copyright violations; do not copy, decompile, etc.

    3.2 Native Instruments grants Licensee the non-exclusive right without restrictions in time or place to use the Products. 

    Yah, don't get your hopes up:

    Individual samples, sound sets or audio loops may not be distributed (commercially or otherwise) standalone. Furthermore these samples, sound sets or audio may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.


    My personal take on the whole thing?

    We're free to use any preset we find and include this in a score of our own (heck: even base our entire score on that particular preset) but that's as far as it goes. See, those demo projects... aren't necessarily presets. They're demo projects. Not to mention:

    The intellectual property of the Products remains at Native Instruments. Licensee acquires only the right to use the Product to the following extent. Any other use or exploitation not explicitly granted to Licensee in this EULA shall not be allowed without written consent from Native Instruments. 

    Yah, sorry for a repeat but context is very important within these cases. At all times copyrights will still be a factor in completed works.

    And in the mean time I also found a more conclusive answer to your question:

    Any Products from Native Instruments labeled or otherwise provided to you as "Demo Versions" shall only be used for demonstration, testing and evaluation purposes. Demo Versions must not be used for commercial purposes, and must not be resold or transferred.

    And here comes the tricky part: what is a Product?

    See, it's not necessarily the "software" as a whole because: "3.4 Licensee may copy the licensed software, if such reproduction is necessary for the contractually agreed use. Licensee is authorized to create a backup, if this is necessary to secure the future use.".


    Given all the above... from my POV... there should be no issue with taking in inspiration from demo projects and optionally using parts of said projects and include 'm in your own. But to use the demo project as-is and optionally add onto it? For commercial purposes? I think you're taking major chances there and would definitely advice not to go there.

    See... I've only gone over the license for the Expansion, there's also a license for both Maschine & Massive; which are the 'targets' for most of these expansions. And then we also have the issue of "common expectations", not often a big deal but they can make a difference in court as well.

    Basically: how likely is it that NI is selling us these Expansions only for us to re-package and sell their demo projects? ;)

    But using parts of 'm... that shouldn't be too much of an issue. From my POV of course.

    Hope this can give you some ideas.

Answers

  • ShelLuser
    ShelLuser NetherlandsMember Posts: 177 Saw
    Answer ✓

    Check the license agreement that comes with the Expansion...

    Now, with all due respect but I am not going to dive into this too deeply because when it comes to legal terms one missed "," can become an issue. However, I will try to share my insights, just don't expect my comment to be upheld in a court of law. And in case you're wondering, yes, I am honestly looking into this because your question intruiged me:

    Any other use or exploitation not explicitly granted to Licensee in this EULA shall not be allowed without written consent from Native Instruments.

    This mostly covers copyright violations; do not copy, decompile, etc.

    3.2 Native Instruments grants Licensee the non-exclusive right without restrictions in time or place to use the Products. 

    Yah, don't get your hopes up:

    Individual samples, sound sets or audio loops may not be distributed (commercially or otherwise) standalone. Furthermore these samples, sound sets or audio may not be repackaged in whole or in part as audio samples, sound libraries or sound effects.


    My personal take on the whole thing?

    We're free to use any preset we find and include this in a score of our own (heck: even base our entire score on that particular preset) but that's as far as it goes. See, those demo projects... aren't necessarily presets. They're demo projects. Not to mention:

    The intellectual property of the Products remains at Native Instruments. Licensee acquires only the right to use the Product to the following extent. Any other use or exploitation not explicitly granted to Licensee in this EULA shall not be allowed without written consent from Native Instruments. 

    Yah, sorry for a repeat but context is very important within these cases. At all times copyrights will still be a factor in completed works.

    And in the mean time I also found a more conclusive answer to your question:

    Any Products from Native Instruments labeled or otherwise provided to you as "Demo Versions" shall only be used for demonstration, testing and evaluation purposes. Demo Versions must not be used for commercial purposes, and must not be resold or transferred.

    And here comes the tricky part: what is a Product?

    See, it's not necessarily the "software" as a whole because: "3.4 Licensee may copy the licensed software, if such reproduction is necessary for the contractually agreed use. Licensee is authorized to create a backup, if this is necessary to secure the future use.".


    Given all the above... from my POV... there should be no issue with taking in inspiration from demo projects and optionally using parts of said projects and include 'm in your own. But to use the demo project as-is and optionally add onto it? For commercial purposes? I think you're taking major chances there and would definitely advice not to go there.

    See... I've only gone over the license for the Expansion, there's also a license for both Maschine & Massive; which are the 'targets' for most of these expansions. And then we also have the issue of "common expectations", not often a big deal but they can make a difference in court as well.

    Basically: how likely is it that NI is selling us these Expansions only for us to re-package and sell their demo projects? ;)

    But using parts of 'm... that shouldn't be too much of an issue. From my POV of course.

    Hope this can give you some ideas.

  • Staykool
    Staykool NYCMember Posts: 62 Tri

    Wow, I can't thank you enough for your answer. It sounds like I'm gonna need a lawyer to figure this one out. And I'm in America and NI is in Germany. So add international law into the mix and there is real confusion.


    Thanks for your thoughtful answer,

  • ozon
    ozon SwitzerlandMember Posts: 605 Saw

    There was a similar thread a while ago:

    The answer by @Nico_NI was:

    I would also not risk it. Many of our demos are made by third-party creators, and in this case their license and copyright terms prevail.


    https://support.native-instruments.com/hc/en-us/articles/210264205-Can-I-Use-Native-Instruments-Sounds-for-Commercial-Music-Production-

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