commercial use of music maker premium edition 2023

Roaxowl wrote on 1/4/2023, 4:43 PM

I find myself frustrated while unable to find clear official information about the use of the bought software for commercial use.
It should be clearly stated in the lisence agreement of the software but it's not.

Please for once write here clearly what is premitable for any commercial use and what is not.

The only thing i saw in multiple places was about the inside store for soundpools which still was confusing to me, i buy them but some still can't be used for commercial use.
But let's leave the soundpools alone for a moment.

What about all the other sounds available in the software? instruments? beats? and all the other combinations i can do with them and the editing tools available in the program?

If i make a sound file (song or whatever) with the entire program tools and sounds it offers (except the soundpools store ones, aka - without them), are they mine to use freely for any commercial use?? (spotify? include inside softwares or mobile apps? radio? and everything?)??

Again, i have the premium edition as stated in the title but i'm sure everyone here would like to know about the other 2 as well.

Now, if you can, explaining the soundpools use clearly or teach how to check for that will be great as well.

thanks in advance.

Comments

SP. wrote on 1/4/2023, 8:11 PM

@Roaxowl This is only a user forum. So this is not a definitive answer from Magix itself but what I, as a user of Magix' software, tell you. You need to read the EULA from Producerplanet.com or contact sales support at infoservice@magix.net

If you want to use Soundpool audio loops commercially, you need to buy a commercial license for each Soundpool loop pack you use in >>your<< songs/videos, apps published by >>yourself<< etc. It's enough to buy a license once for an unlimited number of songs.

But you cannot resell your competitions for >>others<< to use, for example you cannot create a song pack and sell this for commercial usage in videos or apps. Everyone who would buy this pack would also need to buy the necessary commercial licenses of all used Soundpool packs because you only buy the licenses for yourself and cannot transfer the licenses with your songs.

If to compose a song from scratch with the included instruments, you don't need a separate license. All compositions are yours and you can do whatever you want with them. But you mustn't use the included demo MIDI files.

johnebaker wrote on 1/5/2023, 4:08 AM

@Roaxowl

In addition to @SP. comment, see this comment and this comment

HTH

John EB
Forum Moderator

browj2 wrote on 1/5/2023, 9:03 AM

@SP. @johnebaker

Hi,

Unfortunately, Magix has muddied the waters with their definitions in the Manual under "Publishing works created in MAGIX MUSIC MAKER." The definitions of Commercial vs Non-Commercial Use are fine. However, they don't make any distinction between using the program and using the content. The way it is worded could be construed as just using the program to make a song with your own recordings, voice & instruments (not VSTi's), to make a song could be somehow restricted, but no mention is made of how. Somewhere in the manual they should mention something about use of the content, not just use of the program. Without the complete wording as to what is governed by use, users are definitely going to be confused unless they read the EULA. I would be wondering what I would have to do if I made my own recordings for commercial use - what would I be required to do with Magix? Would I need a Commercial License for the program just to use Music Maker Free to record and use my voice?

Here is what is in the manual:

"Examples of commercial use: l A user creates a song in MAGIX Music Maker and uploads it to their YouTube channel, which they've enabled for advertising (YouTube Partner Program).

A user produces a song in MAGIX Music Maker and makes it available for purchase from an online download shop (e.g. iTunes, Musicload)."

There is no mention of content, just the program.

The EULA is better as it says that:

3.2 Commercial Use: Music Maker Free and additional features may be used commercially. Additional content may not be used commercially, however commercial use licenses can be purchased separately.

3.3 Exploitation of Contents outside the scope of personally created work, i.e. separate from the work results achieved with the Software, is prohibited in all cases.

This should be included in the manual. However, there is still a problem with the EULA as one could construe that the Content that comes with Music Maker Free can be used commercially (see the definitions at 1.3 and 1.4) but not "Additional content." It should be both "Additional Content" and "Contents" (as defined in the EULA) may not be used commercially, however commercial use licenses can be purchased separately. Unless, of course, Magix really means that the content that comes with Music Maker Free can be use commercially. Confusing?

Under "End User License Agreement for MAGIX Products" near the end of the EULA:

5.1 Software
In principle, the Software may be used for commercial purposes. The only exception to this is the product "Web Designer" (not "Web Designer Premium"), which may only be used for non-commercial purposes.

5.2 Contents
a) In principle, the Contents - with the exception of Live Sets - may only be used for non-commercial purposes. This also applies to music, video or photo data as well as the corresponding templates...

This contradicts the earlier statement that "Music Maker Free and additional features may be used commercially" as Music Maker Free comes with Contents.

John CB

SP. wrote on 1/5/2023, 9:15 AM

@browj2 As far as I know, everything premade (sounds, graphics, animations etc.) that comes with the programs like Music Maker/Studio, Video Deluxe/Movie Edit, Designer etc. can only be used non commercially.

You need to buy Video Pro X, Samplitude Pro X, Vegas Pro, Designer Pro to be able to use the included contents commercially. If I remember it correctly the EULA is written differently for these programs.

browj2 wrote on 1/5/2023, 9:27 AM

@SP.

Hi,

I agree. The problem is the wording, or lack thereof, in the Music Maker manual and especially in the EULA specific to Music Maker Free.

John CB

johnebaker wrote on 1/5/2023, 11:13 AM

@browj2

Hi John

I agree the manuals are not perfect in the descriptions of what is commercial use - the MMM 2023 manual is better, and also how they apply to loops etc and they should be more in-line with the EULA's.

IMHO the distinction needs to be made that:

The manuals are guides only.
The EULAs are the legal frameworks for the licensing terms and conditions of use for the program.

Soundpools and loop collections, etc, included with the program, are by default, non commercial licences unless, as @SP. has commented, specified otherwise in the program EULA.
Seperately purchased Soundpools and loop collections etc have their own EULAs for non and commercial use and are independent of (outside the scope of) the program EULAs.

John EB

browj2 wrote on 1/5/2023, 1:31 PM

@johnebaker

Hi John EB,

As I pointed out, the MM EULA states: "Music Maker Free and additional features may be used commercially"

MM Free includes "Content" - 5 Soundpools or, as stated in the image, Free Sounds. That is not "Additional Content." Thus, these could be used commercially according to the above statement.

Oops!

John CB

johnebaker wrote on 1/6/2023, 2:11 AM

@browj2

Hi John

. . . . Music Maker Free and additional features may be used commercially . . . . .

That depends on the interpretation of 'features'.

My interpretation is they are the VST instruments and effects, not the included Soundpools or loops (Free sounds) ie 'Content'.

John EB