sounds from vst resampled and for sale?

[Caine123]

i have a question, im trying to get more into sounddesign and played some short melodies from souns of for example omnisphere. i changed the sounds a bit from a preset for example and altered it with granulizing effects, reverb etc. so it sounds now like an atmosphere and soundscape.

may i sell this new sample by me or is it prohibited cause the original sound/sounds come from omnisphere?

dumb question maybe, i think i may not sell the presets but when i alter them of course i can sell my new sounds.

just for clarification !

[george]

I think you could run into legal issues due their copyright.

[Ben H]

Any VSTi that uses samples i.e. recordings as part of its sounds, you DEFINITELY CANNOT sell. No matter how much you change/alter/manipulate them.

[Gamma-UT]

IIRC the Spectrasonics licence agreement expressly forbids the use of their products in sound libraries. There was discussion of it here and there because there was some confusion as to whether this meant library music as well. It is worth checking because this is based on recollection rather than going to the licence or to some of the older discussions.

[Caine123]

THANKS!

but for example what is if you use absynth 5 and just mutate and modulate then you may use the altered totally mutated sounds only for your music?

[thecontrolcentre]

If Omnisphere is sample based, then you can't just tweak the presets and sell them legally. The new sample is derivative of the original sample, and will be covered by copyright (afaik).

If you want to sell "your own" sounds you need to create them yourself from scratch.

[Ben H]

THANKS!

but for example what is if you use absynth 5 and just mutate and modulate then you may use the altered totally mutated sounds only for your music?

As said, you cannot sample anyone else's preset that contains samples, no matter how much you manipulate or mutate it. This is the THE LAW.

Absynth uses synthesis to generate it sounds I believe, rather than samples. So this is acceptable regards copyright law at least. In the same way that you can sell samples of an analog synth.

Whether or not you would run into other legal issues regarding the EULA terms of use however, I don't know.

[Gamma-UT]

THANKS!

but for example what is if you use absynth 5 and just mutate and modulate then you may use the altered totally mutated sounds only for your music?

It depends on the source sample used in Absynth and how it is licensed. If the licence does not say it can be redistributed then copyright law says it can't be redistributed, either as an original or as a derivative work. However, some sample producers will allow redistribution - TeamDNR, for example, has 'developer licence' versions of some of its sample libraries. Similarly, samples covered by a Creative Commons licence may allow the sample to be manipulated and redistributed under an attribution or commercial licence.

[stimresp]

Whatever about the legality, it is a rather tight-arsed way to go about things.

Build your own synth and sample that?

[epsy]

Although the idea of selling bounced multisampled packs of samples made from a soft synths seems silly, the idea of being forbidden to do it with something like omnisphere seems moreso. I could see if you were advertising it as being made with omnisphere and trying to capitalize on the technology they created, but simply not advertising what it is made with and putting it out there should keep that from being an issue.

Much like people can sell video tutorials for programs they had nothing to do with, or host a subscription site like Tom Cosm does for Ableton junkies. I don't see the issue. Giorgio Moroder had a sample pack of vintage synths sold in akai format ages ago. Each one was labeled as to which synth it was. He probably had clearance. Why anybody would want to buy samples from patches you've made with software is beyond me. Why would you toss some reverb on a patch somebody else made and try to make money off it? Just seems lame. Esp considering the people who spent the actual time making those sounds probably intended them to be given away in many cases.

Some people on here are so overly cautious about this type of thing. I wouldn't be surprised if I was told generating a sine wave in soundforge and making a tune with it could put me in a legal battle with Sony. lol

[Ben H]

Regardles of epsy's opinion, the law says otherwise.

@epsy: it is not prudent to give people advice to go and break the law, disregarding the consequences of such actions.

[ZenPunkHippy]

I could see if you were advertising it as being made with omnisphere and trying to capitalize on the technology they created, but simply not advertising what it is made with and putting it out there should keep that from being an issue.

OK ... so ... let's go with this idea ...

I spend 10 years of my life and a considerable amount of my own money sampling the worlds greatest orchestra's. It is by all standards the very best library of orchestral sounds ever created. I nearly went insane recording it, such was my attention to detail and desire for perfection. The product is released and it is expensive because of the time and money it took me to create it, but I believe the price is justified and the market responds by purchasing the library (it's the very best, after all).

And now you come along ... make your own "recordings" of my samples to sell for your own profit? Are you serious?

Peace,
Andy.

[Ben H]

Hey epsy,

Can you link me to some of your tunes, so that I can sample them, mash them up, add some effects and whatnot, and use them in my own song?

It's okay though, because:
a) It wont be recognisable anymore, and
b) I wont atcually use your name or give you credit, so people wont actually know that it was originally your work

[Gamma-UT]

Although the idea of selling bounced multisampled packs of samples made from a soft synths seems silly, the idea of being forbidden to do it with something like omnisphere seems moreso. I could see if you were advertising it as being made with omnisphere and trying to capitalize on the technology they created, but simply not advertising what it is made with and putting it out there should keep that from being an issue.

You have to ask first. It is entirely possible that Eric could say yes if the sample library does not tread on Spectrasonics' toes - he might even incorporate it. Spectrasonics just happens to be more upfront about something that is the company's legal right - and takes some flak for it. If you ask permission, a licence deal might be possible (or they might think it's too much effort but the reality of these situations is often more nuanced than plain 'forbidden'). If you don't ask, you definitely don't get.

Some people on here are so overly cautious about this type of thing. I wouldn't be surprised if I was told generating a sine wave in soundforge and making a tune with it could put me in a legal battle with Sony. lol[/quote]

The caution is for good reason. Ask The Verve.

[toddhisattva]

may i sell this new sample by me or is it prohibited cause the original sound/sounds come from omnisphere?

Excellent question that I was fixin' to ask. In my own little mind, I had rationalized that I had recorded short, one-note songs. I always intended to credit the originals. I didn't feel that skeevy about it.

But your good question has provided great answers. I need to

1) Ask permission, or
2) Find other samples with acceptable license, or
3) Record my own samples, or
4) Synthesize.

But first, I am going to remove my illegal samples from my Subversion repo!