Legal Clarification: Non Commercial Use.

rafael-b39 wrote on 12/5/2014, 12:39 PM

After trudging through the a whole lot of legal related questions for an hour and a half, I'm still unable to find a definite answer to my question. All of them were "Please go to this link and read what I posted, bla bla bla." or sometimes they're contradicting each other.

I'm part of a film project. Its a non profit fanmade film about Doctor Who and I'm the musician in charge for it. To speed up music production, I've decided that I'll be using Magix's soundpools for the job. I've no licenses except the private license that came when I bought the libraries and the software and I don't intend to buy any of the licenses due to how costly they are.

Now, my question is:

1. Can I use the music I made using magix's soundpools for a non profit fan film?

2. Can the film be uploaded on youtube with music made out of magix's soundpools?

3. Can I release the magix soundpool created OST of the fanfilm and distribute it on my youtube/soundcloud account free of charge?

4. Can I do all those with just the private liscence?

Please, please, PLEASE. I would really appreciate a straight to the point answer with some sort of short explanation as to why I'm allowed/not allowed to do any of those. I hope I won't get a reply where it would just link me to a different topic with a vague answer.

Thank you for your time.

God bless.

Comments

johnebaker wrote on 12/5/2014, 1:59 PM

As you say this topic has been covered many times and the answers are always the same. Others may interpret the licencing conditions differently, however under German, US and UK law I have use the literal definitions for Private and Public in relation to licensing conditions

. . . . Can I do all those with just the private liscence? . . . .

No - private means private ie personal use.

This is clearly stated in the documentation and posts you have read. There are exceptions but the licencing clearly states where these apply..

What your are wanting to do amounts to public performances - these are not covered by the private licence - you need the commercial licence.

HTH

John

rafael-b39 wrote on 12/5/2014, 9:23 PM

Hi

As you say this topic has been covered many times and the answers are always the same. Others may interpret the licencing conditions differently, however under German, US and UK law I have use the literal definitions for Private and Public in relation to licensing conditions

. . . . Can I do all those with just the private liscence? . . . .

No - private means private ie personal use.

This is clearly stated in the documentation and posts you have read. There are exceptions but the licencing clearly states where these apply..

What your are wanting to do amounts to public performances - these are not covered by the private licence - you need the commercial licence.

HTH

John

Well, that was faster than emailing the support. Sweet.

So if I have the commercial license, I can publicize my songs in any way I want but not sell them or earn money from them? If so, how do I.. you know, after buying the commercial license, apply it to my songs? Is it automatically put there? If someone questions my legitimacy, how do I show them that I have the license and whatnot?

Thanks for the fast reply, by the way. Appreciate it.

johnebaker wrote on 12/6/2014, 8:43 AM

. . . . So if I have the commercial license, I can publicize my songs in any way I want but not sell them or earn money from them? . . . .

You can publicly broadcast any work created using the soundpools, however there appears to be no explicit exclusion or inclusion clause regarding selling music incorporating the sound pools- a very grey area in need of clarification. I would suggest you contact Sales at Magix.

The licensing terms and conditions are available on Catooh, which is where you purchase the relevant soundpool licences - click the Audio Pro unlimited link next for the particular soundpool..

John