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Subject:Musician credits
Posted by: feign
Date:8/29/2006 6:22:40 PM

Cait's recent post regarding the legal rights to use commercial loops brings up a question I've never figured out:

Sure, it's clear that I can use pre-recorded loops that I have purchased for my own commercial projects. But can I also list musician credits? I make soundtracks for short animations with Acid Pro. It would be quite a laugh to put the musician credits at the end of a movie, such as:

Matt Fink (Dr. Funk) - keyboards
Siggi Baldursson - drums
Tony Franklin - bass
(me) - scratchy awful vocals

This sort of implies that I'm in some sort of supergroup with the rest of them. Such credits would be true, even if these great musicians were not hired directly by me or my client. Am I within my rights to list such credits? Would this open a can of worms regarding their own contracts with their record companies? What if I actually gave the "group" a name? The Archies were not a real group. What if I called my "group" The Veronicas, and listed the above names as the group members? Obviously the musicians have no control over that, and it could affect their reputations. But, then, they chose to grant open license to their recorded loops. So is it or is it not "fair use" to list their names?

Just how far do rights extend with the use of royalty-free music loops?

Message last edited on8/29/2006 6:25:41 PM byfeign.
Subject:RE: Musician credits
Reply by: jdscogin
Date:8/29/2006 11:25:30 PM

That is a very interesting question.
My guess would be that if you imply that they were in your group, that would be a problem but if you listed them this way:

Keyboard Loops by Matt Find (Dr. Funk)

you would be within your rights.
Just a guess though.

Subject:RE: Musician credits
Reply by: MarkWWW
Date:8/30/2006 11:00:53 AM

Nope, you are not allowed to use "name-drop" credits based on the musicians who played on the loops. (Or at least, not without specific extra permission from all the various parties involved.)

To quote from the Sony Media Software EULA for Acid Loop Libraries here:

"If the Content CD contains material created by a third party artist (the term "Artist" including a person and/or group performing an original work, performer, producer, engineer and/or anyone or any group who is credited on the Content CD) you may not use that artist's name for any purpose, including promotional purposes, credits, use in any way of name or likeness, without the advance express written permission of both the Artist and Sony Media Software."


Subject:RE: Musician credits
Reply by: feign
Date:8/30/2006 8:07:47 PM

Thanks, Mark. I'd glanced through various Acid documentation, but I obviously glanced too quickly and missed that paragraph. This clears up the issue once and for all.

Not that I ever intended to name-drop. It was just a burning question in my mind.

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