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Subject:Sony EULA
Posted by: Texas Mayhem
Date:9/29/2008 8:45:11 AM

I read some other topics on the EULA and licensing that seemed to answer my question, but I have to ask it anyway or I'll lose sleep :)

I was checking out the EULA for loops and samples here: http://www.sonycreativesoftware.com/loop_libraries/eula.asp

and i am a bit fuzzy on what a few of the terms mean...I don't want to violate any terms, so hoping someone can shed some light. I guess the bottom line is: can I make an entire instrumental song from the loops only, and call it my own even though I didn't play any of the parts? For example: can i use a bass line loop, drum loops and some piano/guitar parts to create an instrumental and then mix it all together and sell it?

Not sure if that conflicts with the following in the EULA:

2. Para 4: You may not: (c) modify, adapt, create derivative works from or translate any part of the Content CD (other than as integrated by you into your work in accordance with this EULA).

Thanks for reading. peace.

Message last edited on9/29/2008 9:03:38 AM byTexas Mayhem.
Subject:RE: Sony EULA
Reply by: JohnnyRoy
Date:9/29/2008 5:17:31 PM

DISCLAIMER: I am not a lawyer and this should not be taken as legal advice. If you need legal advice you should ask your lawyer.

> I guess the bottom line is: can I make an entire instrumental song from the loops only, and call it my own even though I didn't play any of the parts? For example: can i use a bass line loop, drum loops and some piano/guitar parts to create an instrumental and then mix it all together and sell it?

Yes, that is correct. As long as you assemble the loops in a musical piece of your creation you can sell it royalty free.

> Not sure if that conflicts with the following in the EULA:

2. Para 4: You may not: (c) modify, adapt, create derivative works from or translate any part of the Content CD (other than as integrated by you into your work in accordance with this EULA).


That means that you can't sell the Content CD simply by making a few minor modifications and calling it a "derivative work". In fact, you can't sell a single loop at all. You can only sell your own work that is produced from the loops.

~jr

Message last edited on9/29/2008 5:18:12 PM byJohnnyRoy.
Subject:RE: Sony EULA
Reply by: Texas Mayhem
Date:9/30/2008 5:02:05 PM

Hey thanks JohnnyRoy. I appreciate you taking time to respond. Peace.

Subject:RE: Sony EULA
Reply by: Texas Mayhem
Date:10/1/2008 7:17:45 PM

I think I grabbed the wrong part of the EULA by mistake. This is what I am referring to:

http://www.sonycreativesoftware.com/loop_libraries/eula.asp

1. GRANT OF LICENSE. Sony Creative Software, as Licensor, grants to you, the Licensee, a limited, nonexclusive right to use this copy of the Content CD on a single computer for your individual use. You are free to use the Content CD in your own original compositions without restriction. Neither the Content CD nor any portion thereof may be resold or redistributed as loops, music beds, clips, visuals and/or graphic images except as otherwise integrated into your own works.

The term "music bed" as I understand it means "background music used in radio spots -- more often than not it is instrumental".

So that makes me wonder if I can call the work my own and sell it as an instrumental album...? Or does the term 'music bed' only refer to radio spots? I knew I should have gone to law school!

Subject:RE: Sony EULA
Reply by: riceprod
Date:10/4/2008 7:51:09 AM

"except as otherwise integrated into your own works."

(I'm not a lawyer, etc) I've always interpreted that to mean that you cannot resell/redistribute anything from their content CDs by themselves... but as long as those pieces are part of a song (or even music bed) that you've put together, then you're fine. So I can't sell a one-track music bed of a drum loop from a Sony library, but I can integrate said drum loop with guitars/bass/keys/sfx to produce "my own work" and then do with it what I wish.

Subject:RE: Sony EULA
Reply by: Texas Mayhem
Date:10/4/2008 8:14:25 AM

Thanks riceprod. Just wanted to be sure. In either case, for everyone else's info I did write sony and they responded the same as you did...

thanks again!

dan

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