Can I use Movie Edit Pro 2013 Plus commercially?

duster27 wrote on 6/22/2013, 8:46 AM

Excellent product.  Outstanding!  But one legal question.  i am an independent writer/producer.  Some of my clients are organizations or assocations who have small production budgets.  Can I produce educational or training videos for them for a fee using Movie Edit Pro 2013 Plus, along with the content (e.g. movie templates, music, etc)?  If not can I do that with Video Pro X5?

I understand one Video Pro EULA reads I can use it for personal produced works for commercial use, but the box it came in says is exclusivley intended for personal use only.

Thanks,

Ted

Comments

yvon-robert wrote on 6/22/2013, 9:33 AM

Bonjour,

Pourquoi pas, vous avez payé pour votre licence, de plus vous exportez un fichier. En respectant les règles pour la musique rien ne peut vous arrêter. Peu importe l'outil utilisé qu'il soit amateur ou pro vous exportez un fichier.

Salutations,

YR 

yvon-robert wrote on 6/22/2013, 10:57 AM

Hello, Why not, you paid for your software license, moreover you export a file, and by complying with the rules for the music, nothing can stop you. It does not matter the tool used that he is amateur or pro software you export a file. Unless it is specify at the time of purchases of music, logos or photos that, there is a category of use. I do not believe that software companies are in position to attack a user because the news with the social networks goes very quickly and the majority of the companies have a policy to tolerate plagiarism that is not your case. 
Regards,
YR

gandjcarr wrote on 6/22/2013, 11:50 AM

Hi,

Video Pro X5 is the professional product and includes a commercial license with some restrictions that the true professional video producer would likely not violate, but it pays to have a lawyer review the license for both products if you plan to use it for commercial purposes.  I am not a lawyer, but I have learned from both my attorney, and years of experience that you are governed by the country that you are in from a legal perspective.

Having said all of the above, is Magix likely to sue you if you use the product to create videos for clients?  Probably not.  However, if you live in the United States, what yvon-robert said is categorically not accurate.  Just because you bought the software does not mean that you can use it for whatever you want.  The license is the license is the license from a software perspective.  You also need to consider copyright laws for any audio and video that you use that is not completely your own, and if you use video or pictures that include people, you should also consider getting a model release for commercial purposes.

For most videos where someone hires you to shoot say a wedding or some other event, likely you will not have any problem.  However if you shoot some video of someone who is say drunk at a party, and they object to that footage and you don't have a release, you could find yourself in some trouble. 

George

ps. This is not only true for Magix, but virtually every consumer editing program on the market.

duster27 wrote on 6/22/2013, 1:48 PM

Many thanks to George and Yvon-Robert for your ideas.  Much appreciated and it’s helping me clarify the situation, and I certainly want to ensure compliance with all license and royalty requirements
 

My initial question arose from the following 2 license references:
 

From the general Magix EULA at http://pro.magix.com/en/eula.1599.html (found by Googling video pro license agreement) I found the following:
 

6. Use of music, video and photo files:
The music, video and photo files included with MAGIX products may be used only within the scope of producing personally created works to be used for commercial purposes.
 

Sounds good, but then from the EULA page for Magix Movie Edit Pro Plus  http://www.dodownload.com/license/magix-movie-edit-pro.html
 

6. USE OF THE MUSIC, VIDEO AND PHOTO FILES

The music, photo and video files included in the MAGIX products may be used only for non-commercial purposes (exclusively for private purposes). Only the music files contained in MAGIX Music Maker and MAGIX Soundpool DVD Collection may be used within newly-created musical works for commercial purposes too.
 

I have been searching for the Video Pro x5 end user license agreement but can’t find the specific document, so I have a call in to Magix to see if they can send me a copy.
 

Again, much appreciated the help.
 

All the Best,
 

Ted

yvon-robert wrote on 6/22/2013, 2:03 PM

Hi,

If you check on Catooh you have option to buy for personnal purpose or for commercial purpose, different prices between options. Music is the worse side because big players like Sony are ready to sue everybodoy on this planet. For sound effets you can alterate using software or record your own.

If you need to add music you must pay, if you upload something without the right YT and others remove your video.

Regards,

YR

gandjcarr wrote on 6/22/2013, 2:20 PM

Hi Ted,

From a legal point of view, you probably should be using the Video Pro X product, but from a practical point of view if you don't use the magix sound tracks or images, you should be ok.  I use a subscription product that give me a unlimited commercial licens to all audio, video, and still images for pretty much any use I want, except maybe for porn so if you are interested in learning more, send me a private message.

George

johnebaker wrote on 6/22/2013, 2:48 PM

Hi Ted

Video pro X vs Movie Edit Pro EULA's

You are mixing up the licencing for two different pieces of software:

VPX is a Pro version designed for Pro / Commercial use as stated in the VPX licence.

MEP is Prosumer software aimed at a different market with a different licence which is available in two versions.

            http://www.magix.com/us/eula/consumer/

            http://www.magix.com/us/eula/professional/

HTH clarify everything

John

Last changed by johnebaker on 6/22/2013, 2:48 PM, changed a total of 2 times.

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duster27 wrote on 6/23/2013, 10:27 AM

Issue solved!  Thanks John, George and YR.  Your help greatly appreciated!

Ted