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DJ-ing / Producing / FL Studio user faces legal action of Deadmau5 for using built-in samples

Morango -
What is real?
VS

A user of Image Line's FL Studio claims to have been threatened with legal action for releasing a song that contains samples that ship with the software.

Little-known artist DirtyCircuit put out a track called Berlin (you can hear it on his MySpace page), and has written on Image-Line's forum that he's now been contacted by potty-mouthed producer Deadmau5 because this contains uncleared samples from his track Faxing Berlin.

However, he didn't sample the Deadmau5 song directly – he got the loops from the library that came with his copy of FL Studio.

DirtyCircuit claims that he wasn't aware that the loops weren't to be used in commercial productions, but Image-Line representative Jean-Marie Cannie says that they were only included for demonstration purposes.

"The loops and demo songs are available to demo what's capable in FL Studio," he says. "It doesn't mean you can just render the songs and loops and start selling them as your own."

He goes on: "For over ten years it has always been pretty clear that only the (what we could call) 'static' samples (of hits, stabs, kicks) are royalty-free and that all the rest belongs to the people that created it (which goes for all songs, scores, samples)."

You can read more about the case on our sister magazine Future Music's blog – coincidentally, the new issue of the magazine features an interview with Deadmau5.

As FM says, it's hard to work out who's right and who's wrong at this stage. If it's made clear that samples aren't royalty-free then users shouldn't complain when they're called to account for using them commercially.

However, if 'demo' samples are thrown in with content that is royalty-free, there's massive potential for confusion.


http://www.musicradar.com/news/tech/fl-studio-user-faces-legal-action-for-using-built-in-samples-183577

 :doh:

The FM office was alive with debate this morning as it surfaced that both the drum loop and the main riff from the club-classic Faxing Berlin by Deadmau5 are available as loops in FL Studio 8. Not only that, but a little-known artist is currently being struck down by the wrath of the law for using the loop (which he assumed was Royalty-free and claims to have used not knowing it was Deadmau5's riff) in a recent release.

Both the drum loop and the chords from the track, available under Melody Loops Pack in the browser and called LP_Faxing Berlin A_128bpm.ogg and LP_Faxing Berlin C_128bpm.ogg, are embedded within a host of other loops which Image Line are now claiming are not royalty-free after all and only the one-shots that come with FL are available for commercial use.

Here's the original Faxing Berlin if you don't know it already, and here's Dirty Circuit's Berlin track.

Image Line's Jean-Marie Cannie had this to say on the IL forum:

"The loops & demo songs are available to demo what's capable in FL Studio ... it doesn't mean you can just render the songs & loops and start selling them as your own. The (single hit) samples sure are ready to use in a composition but it should be pretty clear that anything else (whether it's a demo song, melodic loop, score, ...) belongs to its author(s). "

However, the debate brought up some interesting points. One rattled FL user writes:

"Demo songs are one thing; they're clearly by FL users, copyrighted (with notices of such), and meant to display the power and features of FL. But uncredited (and with no notice of copyright) "melodic loops" stuck in the same folder as royalty free "drum loops" in a GIANT DIRECTORY FULL OF ROYALTY FREE SAMPLES? It would take a borderline paranoid individual to even THINK that these samples might actually be unsafe to use."

The debate continues to rage over at the Image Line forum and no doubt will continue to do so for the foreseeable future.

FM are on the case to get a reply from Image Line, but as it stands, it's a pretty bizarre scenario. Who is at fault here? Image Line for providing the loops without clear statement that they are not royalty-free? The artist for taking a clear loop from FL and 'selling it' as his own? Then again, plenty of GarageBand samples have been used to create number one records – isn't that the point?

What do you think? Man steals from Deadmau5? Image Line steal from Deadmau5? Man perfectly within his rights? Or 'ouch, my brain hurts'?

And speaking of the 'mau5, be sure to check out a more relaxed, less litigious, Deadmau5 in our issue preview a few posts down – and the full interview in the next issue of FM – on sale 28th November. Oh and stay away from those FL loops – they're not yours. Apparently.


http://www.futuremusic.co.uk/page/futuremusic/20081120

so what's free samples? so what can we do when we buy a Sample Pack CD??  :')



i guess mr. Deadmau5 is more interested in earn money selling his Sample Pack CD  :showtek: ...so if users buy his CD can they use the samples to create music?  :doh:
Pithune -
Mass Vibrant
it is TRUE!

FL contains demo songs from Deadmau5, seen it in my own folder too  :)
Jro_ -
alles begint bij Headhunterz
samenvatting?  :yawn:
Knomo -
Why? Because fuck you, thats why
On 27-11-2009 17:41:09, Jro_ wrote:

samenvatting?  :yawn:



:showtek:
Pithune -
Mass Vibrant
On 27-11-2009 17:50:46, Knomo wrote:

[...]


:showtek:


haha ja idd, die gast wil overal een slaatje uit slaan
Nitrogen -
It's no problem for me
Deadmau5  :yawn:
Jro_ -
alles begint bij Headhunterz
ahha respect  :thumbsup:
Nastee -
Dance!!
reminds me of scooter  :D  :D
Pithune -
Mass Vibrant
On 27-11-2009 18:02:58, Nastee wrote:

reminds me of scooter  :D  :D


with the difference that one can produce godly tunes, and the other sucks like hell
TomStyle -
Wobble Bass
wat een baas  :worship:
Nastee -
Dance!!
On 27-11-2009 18:38:31, Pithune wrote:

[...]

with the difference that one can produce godly tunes, and the other sucks like hell


yup.. you're so right
scooter produce so epic tunes  xD  xD  xD  xD  xD
sinenV -
On 27-11-2009 18:38:31, Pithune wrote:

with the difference that one can produce godly tunes, and the other sucks like hell


SCOOTER MAKES THE BEST MUSIC EVER I HAVE AL HIS RELEASES ON MY MP3 PLAYER  :showtek:
Pithune -
Mass Vibrant
 :clown:
GeminEye -
I can haz moar Sub?
Deadmau5 is zojuist de zieligste producer van 2009 geworden.
obochaman -
I say that it is quite obvious that the guy that uses these samples in its production, lacks of approach, I am for sure non tube the good sense of at least to change the tone to this samples  :)
ThaMaster -
Baas in alle opzichten.
Serieus wel even samenvating dit alles lezen is niet goed voor me brein
djgushi⋆ -