I made a few songs in Music Maker 16. I used only the samples that came with the software. Do I own the rights to the final mp3? If so, how can I prove that is it mine? Where are the licensing documents in the software?
No, not really. Within the last year, MAGIX has changed its EULA (End User's License Agreement) to exclude ALL commercial uses.
You do have the right to use them only for your own personal enjoyment. Since it is not clearly defined in the EULA, you MAY be able to use it for public performance, but again that is not clear, so do so at your own risk.
You need to read the EULA (End User's License Agreement) at the bottom of the webpage on the main MAGIX website - especially items 6 and 7.
Obviously, if you create all of the content yourself, you automatically own the copyright (at least in the USA). The copyright is implicite and does not need to be marked, but that certainly wouldn't hurt. As you well know...dishonest people are going to steal what ever they can no matter what you do.
Man o' Lakes - Thank you very much for bringing that to our attention. This finally clears up the many questions I've had for quite some time.
However, it is beyond me why MAGIX would bury this information on another website (Catooh) rather than clearly posting it here and on their main website. In my opinion, this is irresponsible and is a major disservice to their current and potential future customers. Unfortunately, that seems to be standard operating proceedure for them.
Yes, you do own the rights to the song, HOWEVER, those rights are LIMITED.
You have the right to use for personal enjoyment. You have the right to distribute and for public performance. (That's assuming you did not incorporate any other copyrighted material.)
You DO NOT have the right to use for commercial purposes (i.e. to sell for profit).
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However, as you know, preserving those rights and preventing unlawful use of your work is extremely difficult and expensive - in other words - next to impossible. Just ask any of the major recording artists, movie studios, photographers, etc...
It's true that MM-16 and earlier versions are not "commercially friendly". However, for the MM-17 soundpool, you DO now have the option of purchasing a license to allow commerial use. However, it is not cheap...$199.99 (USD).
One would assume you could make much more money from the profits to compensate for the extra cost.
You always have the option of creating your own original material, which you would own the copyright on and can use as you please.