Looking for clarification or point of contact at Native-Instruments for EULA clarification

Jonny - All World Kitty · 2022-11-08T13:45:21+00:00

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In reviewing the Native-Instruments EULA, I am a bit lost on the following sections and would like clarification on what can and cannot be done, in regards to beat and melody production.

Reference Section 3.7, and 3-8 including bullets a-d, in relation to owning Komplete Kontrol Ultimate Collectors Edition, which I currently have. If I use a kick drum from one library, a snare from another, a couple of synths, and a one shot sample to create a 2 minute melody-beat, am I in violation of the EULA if I want to sell it as a track? What about the stems, same question, is this acceptable?

I think it would be helpful to outline some real world scenarios as part of the EULA, possibly an FAQ. If examples are currently on the site, I’d appreciate having the links so I can review for awareness.

For what its worth the email address listed on the EULA page, goes to an unmonitored email address.

eula@native-instruments.com (auto reply directing support page)

I could not locate a contact in the support section so I am posting here. Apologies if this information is on the site, I could not locate it.

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D-One

You're miss interpreting and overthinking the EULA, you can use anything in your music for commercial purposes (1), what you cannot do is: (2) put the sounds/samples in a "pack" and sell it... Say take 10 kicks of an instrument and sell them on a sample pack, or put them in a commercial synth/sampler you're selling, etc... Basically, the sounds are yours for use in Music but not yours to re-sell / repackage.

The bold parts are what matters:

NI EULA sec 3.7

1 - The provided samples, instruments and presets can be used for commercial or non-commercial music and audio productions without the prior permission from Native Instruments under the terms of this Sound License Agreement.

2 - The usage of this Product (in particular samples, instruments and presets) for the creation of a sound library or as a sound library for any kind of synthesizer, virtual instrument, sample library, sample-based product or other musical instrument is strictly prohibited.

There would be no point in buying sounds and instruments if no one could use them in actual songs.

Jonny - All World Kitty

Thank you for the response and sanity check. I figured I was overthinking scenarios, but its always good to get other's perspective when this happens.

All comments

D-One

The bold parts are what matters:

NI EULA sec 3.7

There would be no point in buying sounds and instruments if no one could use them in actual songs.

Jonny - All World Kitty

Thank you for the response and sanity check. I figured I was overthinking scenarios, but its always good to get other's perspective when this happens.

Moritz Hingott

Hey D-One,

Thank you for your answer. Just because I'm maybe overthinking a little bit and feel like Johnny, I have a rather specific question:

On the website it says :“It is only strictly prohibited to use single, combined or modified sounds from Native Instruments to create sample CDs, loop libraries, sound libraries..."

I'm especially confused with the term loop libraries. Isn't any music you do a loop (if you play it on repeat).

So, let me just quickly give you a specific example:

If I use my instruments (e.g.: The Grandeur, Analog Dreams and Playbox), add effects, reverse it, chop it, so it's something new entirely and then make a "sample pack" that people could buy. Would this be legal? Or would it fall under the EULA terms of conditions.

This "loop libraries" aspect concerns me a bit. The loop that I would make would not sound like the preset I am using...but at the end of the day I am using the presets in a way and then want to make money with it.

But like you said: what would be the point in buying virtual instruments if you can't use them in any commercial way?

Thank you in advance for answering!

Greetings

D-One

https://community.native-instruments.com/discussion/comment/45262#Comment_45262

Keep in mind I'm just a user not an NI employee so my answers are in line with the real world usage, EULAS on the other hand are designed to protect companies from extreme examples, they have to be worded in a fancy way that might also overlap with normal usage.. But that doesn't mean the company has any intention of pursuing legal action when someone steps in the line within reason; it's similar to how on youtube you can reupload content under Fair Use.

Your example is fine. If you use a NI Piano lib and play your own (midi) material to sell that as a loop it's all good, even if technically that might be in the illegal blurred line of the EULA... this is because part 2 contradicts part 1 of the EULA quote I shared above depending on context. NI's legal team would never send you a cease and desist over such a thing.

Now say your Piano Lib has a "Performance mode" where it plays some chords/melodies or whatever at the press of 1 key, turning that into a loop and selling it would be stealing from my perspective, so.. I wouldn't go doing that.

"Loop" is there because many libs and instruments have loops, things like George Dukes Soul Tresures or those Instruments that you press 1 key and lots of stuff happens, Playbox, Maschine Expansions, etc, etc.. The EULA is just designed to keep lazy people from repackaging content, say for example convert a Analog Dreams lib into a one-shot lib or something.

Kubrak

Song is not a loop, it is much more. At least many loops. And song is not sold as a library to be used to make songs.

And your example of loop sample pack. I guess it heavily depends on your invention added. If not much you would violate EULA quite probably, if you would layer several sounds in very artistic way, then it could still violate EULA, but the position would be a bit stronger.

One has to look at the intention behind and it is generally companies do not want someone uses their work to easily create product that competes with their products.

NI does not produce songs, so no competition... But it produces loop libraries...

Moritz Hingott

Thank you both for your contribution!

So, I think I get it now in a sense. Of course, my intention is not to simply use one sound of a NI library, add nothing to it and then claim it as my own. That is not my aim.

The "fair use" is a good example. Making a video essay about film x is also about your thoughts on a medium that has copyright, but your essay/research/contribution makes it your own.

And my intend is not to use 2 sounds from NI, loop them and sell them. So in a sense, I think I understand the whole situation a little bit better now. And I can totally understand NI and that they want to prevent that from happening - makes sense.

Anyway, thanks guys for the fast replies. That was helpful!

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