What happens if i accidentally "steal" a copyrighted preset ?

[koukouba]

Guys if you can help me out on this one ,because i really dont know

i use various synths , one of my favorites is Native Instruments Massive. Now this synth from what i have seen has thousands of preset packs released for it. I havent bought any yet (like i have done for Serum and Diversion) , however its the synth i use to perfect my sounddesign skills , and have bought 3 tutorial courses specifically for Massive, so i spend a lot of time fiddling around and making my sounds, so my question is:

What if i accidentally happen to make a same-ish or even exactly the same preset as one released in the thousands of preset releases and have my tracks released with that preset ? 12 tracks released already and i am making a decent income thru royalties unti now. I mean the similar preset and track i used it in might of been made in a date after the date of the preset pack made that contained an exactly similar preset. What happens in this case ? How can i prove that i was the original creator of the preset i used even though it sounds similar , and might even be the same technically (i doubt to the last decimal 0,001cutoff ;p) to a preset contained in a released presetpack if i get sued for copyright infringement ?

Thank you in advance for any answers

[Sendy]

I'm not a legal expert, but I really wouldn't worry about it. People make similar sounds all the time, once I made a beat that sounded almost exactly like Aphex Twin's Windowlicker by almost complete accident.

Get a second opinion, though, because I may be wrong, but I don't even think you can copyright a sound in the abstract, you can only copyright recordings of sounds, riffs/compositions, and presets sold in preset packs for profit. If you made the sound yourself, you have nothing to worry about, even if you were trying to copy another sound and got very close.

[jsp1979]

If you make an entire bank with these "coincidences" that match a commercial bank and try to sell them, then I think people will be unhappy. Otherwise, I'm pretty sure no one will notice or care.

[ATS]

you really don't have to worry about it unless you are making a lot of money from your music.

[chk071]

Just check out the mass of EDM and Trance soundsets with a lot of the same-ish sounds. I don't think you have to worry at all really. Unless you really copy a whole soundset, even use the same melodies and all, and call it your own.

[Jedinhopy]

Sometime in the future.
Some of my composed original songs will collide with the chord progressions of commercial songs by accident.
Specifically when i want my songs to always stay within the same scale and key every time i make a new song.

[Numanoid]

I mean the similar preset and track i used it in might of been made in a date after the date of the preset pack made that contained an exactly similar preset. What happens in this case ? How can i prove that i was the original creator of the preset i used even though it sounds similar , and might even be the same technically (i doubt to the last decimal 0,001cutoff ;p) to a preset contained in a released presetpack if i get sued for copyright infringement ?

Reverse engineering: the reproduction of another manufacturer's product following detailed examination of its construction or composition.

"the reverse engineering process in itself is not concerned with creating a copy or changing the artifact in some way; it is only an analysis in order to deduce design features from products with little or no additional knowledge about the procedures involved in their original production"

https://en.wikipedia.org/wiki/Reverse_engineering

[dark water]

A decent spanking is the only answer.

[thecontrolcentre]

Its really not worth worrying about.

[Chapelle]

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[V0RT3X]

KVR_Stocks.jpg

The reckless hordes of KVR will tar and feather you and stick you in the KVR stocks.

[tehlord]

Here's the thing.

Synth presets aren't subject to copyright.


Sshhhhhh.

[Numanoid]

[cryophonik]

Stealing is an intentional act that requires proof that another person used someone's work to create their work, so, by definition, you cannot "accidentally" (i.e., unintentionally) steal someone's copyright. Whether or not a judge/jury believes that you did it unintentionally probably depends on who has the better attorney (i.e., the only people who would make any money from this situation, if said synth patches are actually deemed subject to copyright laws).

In other words, don't worry about it.

[surreal]

Then thousands of commercial preset designers are in serious trouble and Roland should be sueing them for copyright infringement of the Supersaw sound and Yamaha would be joining the gravy train for the infringement of the solid or lately bass sound found in every synth that has it.... so far there is no tracks built for that gravy train... do not stress about it!!!