Subject:Registered Copyright For Loop-Based Compositions

Posted by: BigBandGuy

Date:7/18/2013 10:22:35 AM

I have searched all over the internet and Sony Forums for answers to the three questions listed further on in this post and have yet to find a direct answer. But, first a few givens so we don't go back and forth simply to clarify a few points.

Here is the scenario:

1. I am a registered user of Sony ACID Music Studio Version 9 or any other version for that matter.

2. I have acquired various Content (Loop) Libraries provided free by, or purchased from, Sony.

4. I have created a composition in Music Studio composed solely of various loops from multiple Sony loop libraries (or only one library) layered in multiple tracks. I contributed no other content of any kind. I rendered the tracks to a two channel stereo format (.mp3).

3. I have complied with all EULA provisions for both ACID Music Studio and the Sony Creative Software Content Libraries.

5. I now wish to distribute a sound recording of this composition to various online or other outlets (for example, ACIDplanet.com, YouTube, wherever, etc.).

6. I have no intention to commercially publish or otherwise monetize the work. (Well... I mean... if it goes viral and I get offers I can't refuse, why not? Who doesn't want to become a millionaire? Ah... just trying to inject a little levity here). I have neither the desire nor the time or means to pursue a copyright infringement lawsuit. All I want to do is protect myself from copyright trolls and those who would copy and re-upload my work and claim it as their own.

Few... thanks for wading through all that, but I feel it's important.. Now, on to the three key questions:

1. Am I considered, by Sony, to be the "Author" of the aforementioned composition?

2. Am I, in fact, the sole copyright owner/holder of this specific composition (i.e., the composition as a whole - obviously not of the individual loops themselves)?

3. If the answer to 1. above is Yes, can I, as far as Sony is concerned, apply for, and hopefully be granted, a registered copyright certificate for the subject composition and its audible performance from the United States Copyright Office (i.e., a Sound Recording and/or Performing Arts copyright).

I look forward to some concrete answers - particularly from Sony Admin.

p.s. Again, I know this has been a long and involved post, and I thank you for suffering through it, but considering how fast technology is advancing in this venue, I feel these kind of questions are increasingly important to many of us. I encourage you to ask more questions.

Thank you for reading through this post.

Subject:RE: Registered Copyright For Loop-Based Compositions

Reply by: feign

Date:7/19/2013 5:00:16 AM

There have been several other threads on this identical topic. Seek and ye shall find.

In essence, as I understand it, you can distribute, sell and claim authorship of any composition in which you use your legally-acquired loops and samples, as long as:

1) You don't try to pass off an individual, unedited loop as your composition
2) You don't claim the loop performers as "co-performers". Thus, you couldn't claim credits like: "Me-vocals, guitar; M. Fleetwood-drums" (not sure why, but when I wrote Fleetwood's first name, it was censored: Mick. See?)

Others can offer further details, or you can search the past threads for answers to all your questions.

Subject:RE: Registered Copyright For Loop-Based Compositions

Reply by: BigBandGuy

Date:7/19/2013 10:33:10 AM

feign,

Thanks for the reply.

I've searched the Forums here before, but did so again after reading your post. I've searched through all the forums going back two years using all the relative search terms I can think of. I have found nothing that even comes close to addressing my questions.

The only threads I found that mention copyright have to do mostly with YouTube content ID match and infringement issues.

Subject:RE: Registered Copyright For Loop-Based Compositions

Reply by: Iacobus

Date:7/19/2013 4:39:15 PM

@feign: Probably because "mick" can be used as a derogatory term for the Irish. ;D

@BigBandGuy: Rest assured there should be no worries on your part when using Sony loops for your projects and compositions. As long as you don't do what feign suggested, you're in the clear. Also, just remember this applies to Sony's loops; some other third parties have different (and somewhat restrictive) rules regarding the use of their loops.

Subject:RE: Registered Copyright For Loop-Based Compositions

Reply by: pwppch

Date:7/19/2013 6:28:11 PM

Below is the loop license agreement.

The full license agreement is here. It is pretty clear and easy to read.

Peter


1. GRANT OF LICENSE. Sony Creative Software, as Licensor, grants to you, the Licensee, a limited, nonexclusive right to use the Content Offering on a single computer for your individual use. You are free to use the Content Offering in your own original compositions without restriction. Neither the Content Offering 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. All rights not expressly granted to Licensee are reserved to Sony Creative Software or its licensors. If the Content Offering 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 Offering) 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 Creative Software.

Subject:RE: Registered Copyright For Loop-Based Compositions

Reply by: BigBandGuy

Date:7/20/2013 12:53:56 PM

I posted a reply late yesterday (7/19/2013), but discovered this morning that apparently it went into limbo. I'm trying again.

First, there were a couple of goofs in my original post:

A. I transposed the numbers for "givens" 3. & 4. Not a big deal, but I just wanted acknowledge the goof.

B. Question number 3. reads "If the answer to 1. above is Yes...". It should read "If the answer to 2. above is Yes...".

Moving on:

Iacobus -
I'm not sure what you meant by "As long as you don't do what feign suggested, you're in the clear." Can you please clarify?

SonyPCH -
Yes, I'm familiar with the Content Offering EULA; I've read it carefully several times, but I'm still left with questions. Maybe Sony Admin will reply to the questions.

It would also be interesting to hear from someone who has actually obtained a registered copyright for a loop-based composition.

Subject:RE: Registered Copyright For Loop-Based Compositions

Reply by: pwppch

Date:7/20/2013 2:47:54 PM

" Maybe Sony Admin will reply to the questions."

Don't count on it, this is a user forum.

You can call our support lines or email them.

If you are really concerned, you may want to talk to a lawyer.

Peter

Subject:RE: Registered Copyright For Loop-Based Compositions

Reply by: BigBandGuy

Date:7/20/2013 3:56:05 PM

SonyPCH -

On the Forum listing page they say that they monitor the forums periodically and I have seen Admin replies in other threads. I'll wait a bit to see what comes up, if anything. If nothing, maybe I'll try your support/email suggestion.

Not sure a lawyer could help here. I think it all boils down to what the terms "your own original composition" and "without restriction" in the EULA actually mean.

Thanks for taking the time to reply.

Subject:RE: Registered Copyright For Loop-Based Compositions

Reply by: Iacobus

Date:7/20/2013 8:23:21 PM

Say you find a handful of Sony loops you want to use in your project/composition for commercial purposes. (i.e., getting paid to create a composition.)

You insert these loops into your project, paint, draw, mangle, creatively do whatever along the timeline. You then render out this entire project as an MP3 and deliver it to your client.

In that scenario, it's perfectly A-OK; you (genuinely, I would hope) bought Sony's loops, you make your money, everyone's happy.

Conversely, taking those loops as they are (i.e., no modifications done, no incorporation into a project, etc.) and repackaging them into some "loop collection" and claiming them as your own is a big no-no.

In conclusion:

-Incorporating Sony's loops into your professionally-paid projects without worry: Good.

-Repackaging these loops as-is and presenting them as your own: Bad.