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    Apple Logic Pro Samples Can't be used to make sounds for Freesound


    Hello,

    While checking whether samples from Apple Logic Pro can be used to create free sound effects, it became clear that the answer is no.

    The terms of service are available at http://www.apple.com/legal/sla/ .

    http://www.apple.com/legal/sla/docs/LogicPro.pdf states:

    B. Sample Content.
    [...] individual Sample Content assets may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, clipart, music beds, sound effects, sound files, sound libraries, stock animation, or similar assets.

    (only the creation of music tracks is permitted).

    The FAQ of Freesound and the "Legal" help and Attribution questions forum can help you solve more legal questions.

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    Does it state anything about modification?


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    Head-Phaze wrote:
    Does it state anything about modification?

    I interpret that "in part" is that case.

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    qubodup wrote:
    I interpret that "in part" is that case.

    Yes, essentially.

    But what about databases like CCMixter/incompetech, which provide royalty free music for use in [potentially] commercial media?

    In theory it should be ok because it is permitted as a part of a 'music track'.

    This is where it starts to get grey for me.


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    You did not mention music earlier, I thought you were asking about permissions for modified samples.

    2. B of the license document lists all that is permitted (which includes music, by however they define it) and as far as I can tell 2. B also lists all that is prohibited.

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    Disclaimer: I am not a lawyer.

    The key seems to be that "Individual":
    The focus is on the single sound, and they're stating that single sounds can't be redistributed "as is". A very light processing of a sample that doesn't change it dramatically (e.g. just a little reverb) might be at risk, but anything more complex than that, making the original sound unrecognizable or layering it with other sounds making it impossible to extract the original sound, should be acceptable.
    Music is always safe, I don't have to pay the makers of my synths for music I make with them, same goes with any royalty free sample library.

    IMVHO, the particular case of royalty free sound libraries could be summed up as an imaginary CC-DO license, Derivatives Only, the opposite of ND smile
    You're free to make anything with "it" that differs enough from "it", just don't redistribute "it" (or a part of "it") as it is. "it" is mine, what you make with "it" is yours.

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    For easier reading/quoting I will copy the - in my humble opinion - relevant section:

    2. Permitted License Uses and Restrictions.

    A. Mac App Store License. Subject to the terms and conditions of this License and as permitted by the Mac App Store Product Usage Rules set forth in the Mac App Store Terms and Conditions (http://
    www.apple.com/legal/itunes/ww/) (“Usage Rules”), you are granted a limited, non-transferable, non-
    exclusive license:
    (i) to download, install, use and run for personal, non-commercial use, one (1) copy of the Apple Software directly on each Apple-branded computer running OS X (“Mac Computer”) that you own or control; and
    (ii) if you are a commercial enterprise or educational institution, to download, install, use and run one (1) copy of the Apple Software for use either: (a) by a single individual on each of the Mac
    Computer(s) that you own or control, or (b) by multiple individuals on a single shared Mac Computer that you own or control. For example, a single employee may use the Apple Software on both the employee’s desktop Mac Computer and laptop Mac Computer, or multiple students may serially use the Apple Software on a single Mac Computer located at a resource center or
    library.
    B. Sample Content. The Apple Software may contain sample content including but not limited to
    artwork, audio files, audio loops, built-in sound files, graphics, images, impulse responses, photographs, samples, sound sets, sound settings, video files, or similar assets (“Sample Content”). This Sample Content is proprietary to Apple and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. Except as otherwise provided, all Sample Content included in the Apple Software may be used on a royalty-free basis to create your own original soundtracks for your film, video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Sample Content, however, individual Sample Content assets may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, clipart, music beds, sound effects, sound files, sound libraries, stock animation, or similar assets.


    copyc4t wrote:
    The focus is on the single sound, and they're stating that single sounds can't be redistributed "as is". A very light processing of a sample that doesn't change it dramatically (e.g. just a little reverb) might be at risk, but anything more complex than that, making the original sound unrecognizable or layering it with other sounds making it impossible to extract the original sound, should be acceptable.

    This is an optimistic interpretation. A negative one would be to assume that any sound effect creation is prohibited using the samples.

    copyc4t wrote:
    Music is always safe, I don't have to pay the makers of my synths for music I make with them, same goes with any royalty free sample library.

    Music is not "safe" by default but all software/sample license agreements that I have seen so far (not that many) don't limit the rights of making music. One exception: many trial licenses prohibit commercial use.
    I would not be surprised to see terms that mingle those rights, especially in web-based music software. smile

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    "Except as otherwise provided, all Sample Content included in the Apple Software may be used on a royalty-free basis to create your own original soundtracks for your film, video and audio projects."

    Hmmm... that explicit reference to "soundtracks" seems quite strict.
    A "dun dun dun" thing for instance, although musical in nature, might be seen as too short to qualify as soundtrack...
    And a sound posted to Freesound, although complex, might not qualify as "audio project" in their view, they probably refer to things like audio-only comedy...

    In "individual Sample Content assets" I still hope that individual refers to the assets and not to the person using them smile

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    copyc4t wrote:
    "Except as otherwise provided, all Sample Content included in the Apple Software may be used on a royalty-free basis to create your own original soundtracks for your film, video and audio projects."

    Hmmm... that explicit reference to "soundtracks" seems quite strict.
    A "dun dun dun" thing for instance, although musical in nature, might be seen as too short to qualify as soundtrack...
    And a sound posted to Freesound, although complex, might not qualify as "audio project" in their view, they probably refer to things like audio-only comedy...


    I'm not sure whether it's to be read as
    1. soundtracks for your film, video and audio projects
    2. soundtracks for your video projects
    3. soundtracks for your audio projects

    or

    1. soundtracks for your film
    2. video projects
    3. audio projects

    although I presume the latter and interpret it as permission for any cause I can think of an audio designer might be interested in. But with the exceptions listed further below in the document.

    copyc4t wrote:
    In "individual Sample Content assets" I still hope that individual refers to the assets and not to the person using them smile

    Yeah, I was completely wrong about that (I misread my PDF reader's search highlighting feature) and removed it to avoid confusion - too late. smile

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    qubodup wrote:
    I'm not sure whether it's to be read as
    1. soundtracks for your film, video and audio projects
    2. soundtracks for your video projects
    3. soundtracks for your audio projects

    or

    1. soundtracks for your film
    2. video projects
    3. audio projects

    although I presume the latter and interpret it as permission for any cause I can think of an audio designer might be interested in. But with the exceptions listed further below in the document.

    You're right, this is another point subject to ambiguity! Let's hope the right one is the latter, but with those guys we never know...

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