How “royalty free” are the Toontrack samles and midi files

Superior Drummer 2 Pre-sales
Viewing 12 replies - 1 through 12 (of 12 total)
  • Nathan
    Participant

    If you create a piece of music wih the MIDI grooves and the drum and keyboard sounds then you own the copyright to thatmusic. If you want to distribute that outside of any PRO umbrella, then providing you’re not contractually obligated to any publisher, you are free to do that and any playback will be outside of their remit. >

    SD2.3, NYII, C&V, MC, MF, ED, Latin Perc, Twisted, Pop, N1H, Electronic, Classic, Funkmasters, Rock Solid, Blues, Indie-Folk.

    Whitten
    Participant

    I’ve played midi for Toontrack and never received a performance royalty. So I guess they are PRO free. You just can’t sell on the sample sounds or midi-files as if you created them. They have to be part of a composition. Another for example, making a loop product for sale just using Toontrack sound libraries and midi grooves is most likely breaking the EULA.

    Joe P.
    Participant

    still confusing to me.

    Let me make it simple:

    I buy the toontrack drum samples and midi files. I add one of them to my  project in garageband, reason, etc. DAW. They are now physically part of the audio file and now I export to mp or wav, etc.

    Now I upload that to a online music distributor (tunecore, etc.). When I sell do I owe someone any money besides the distributor?

    Do I owe money to toontrack or the original musician?

    I can’t make it any plainer than that.

    Someone please respond with a plain answer, No gibberish or legal BS please. Thx!

    John
    Moderator

    Hi Joe,

    the answer is simply that you owe no one money when you use Toontrack samples or MIDI in a musical context, i.e. they are free to use as intended once you have purchased them (or technically the license to use them).

    What is NOT allowed is to re-sell or or re-distribute the MIDI files or Drum samples separately so that someone else can use them in their musical context.

    IOW, you can write your songs and publish them without worries.
    You can also be asked to program drums for someone else’s song and deliver your drum tracks as Audio stems, because that’s a musical context where you as a license holder have used the samples (and MIDI).
    You cannot sample each drum in a kit/library and send to a client as separate audio files.

    Does this clarify?

     

    BR,

    John

    John Rammelt - Toontrack
    Technical Advisor

    joshuasunn
    Participant

    No you don’t have to pay anyone they are in business to help you make music that is what they are selling. The art you make utilizing their software is all yours! Like the previous post said you obviously can’t turn around sell the loops and samples  as loops samples.

    nord
    Participant

    This is not true. Using any sound or MIDI file in anything you distribute is prohibited and will be actionable by Toontrack, according to the license agreement.

    6. TERMS OF USE. You may only use a Product, or any part of a Product, including presets or parts of sound libraries, only in the context of musical arrangements, recordings of arrangements and live performances. You cannot (a) extract, copy or otherwise produce from a Product any single preset, sound or MIDI file, an assembly of presets, sounds or MIDI files or assemble presets, sounds or MIDI files for resale, commercialization or any other form of distribution; (b) assemble solo agglomerates known as a loop for resale or other form of distribution, (c) create derivatives of content, including as single sounds, files or any other parts of a Product as a whole for resale or other form of distribution or (d) use any sound from a Product (or a derrivative work thereof) in any software, program or app, in either case set forth above unless you have our express written permission to do so.

    It’s understandable that Toontrack wants a broad and somewhat vague definition of prohibited use, to avoid feeding competing products with free samples. However it must be more clearly stated what “musical context” is. As for paragraph (d), maybe “software”/”app” should be narrowed down to competing products, or at least be complemented by a list of exceptions so we can use samples in songs on Spotify or write music for video games without the risk of getting sued.

    Since a court may consider John’s clarifying comment above an “express written permission” we are probably safe anyway. I did in fact read the ToS before I purchased SD and a lot of other stuff, and I considered it to be used only for my own unreleased arrangement purposes. According to John I can use it in productions, too, which is a big bonus and great news for me.

    • The post has been modified 6 times, last modified 3 years ago by nord.
    Dan D account
    Participant

    To: John Rammelt, Toontrack Technical Advisor

    Hello John,

    Kindly add a bit of clarity. YouTube and Distrokid have kicked back music we sent them that was composed using EZ Drummer 2 and EZ Keys. It seems that the first sentence in paragraph 6 permits our use of both products. Correct or incorrect?

    Are you able to provide clarity to us and to YouTube, Distrokid, and others?

    Toontrack License Agreement —

    6. TERMS OF USE. You may only use a Product, or any part of a Product, including presets or parts of sound libraries, only in the context of musical arrangements, recordings of arrangements and live performances. You cannot (a) extract, copy or otherwise produce from a Product any single preset, sound or MIDI file, an assembly of presets, sounds or MIDI files or assemble presets, sounds or MIDI files for resale, commercialization or any other form of distribution; (b) assemble solo agglomerates known as a loop for resale or other form of distribution, (c) create derivatives of content, including as single sounds, files or any other parts of a Product as a whole for resale or other form of distribution or (d) use any sound from a Product (or a derrivative work thereof) in any software, program or app, in either case set forth above unless you have our express written permission to do so.

    John
    Moderator

    Hi,

    I have used Toontrack products in many songs and productions and never experienced any problems with regards to the Toontrack products.
    What has happened is that some of my own music has, due to which publisher and aggregator has been used, been flagged as copyrighted in my own videos but that has got nothing to do with Toontrack.

    What exactly is the copyright flagged, i.e. what are they telling you is an infringement?

    I do not see how much clearer it can be as stated above and in the EULA.
    It’s the same if I do sound design on a film, if I use sound effects from a library I have paid license for, I can use them to produce the sound effects track(s) for a film, the context or composition if you will, and charge money for doing so. What I cannot do, is take sounds from that sound library and sell them individually, without context/composition.

    BR,
    John

    John Rammelt - Toontrack
    Technical Advisor

    Syed Shah
    Participant

    This is not true. Using any sound or MIDI file in anything you distribute is prohibited and will be actionable by Toontrack, according to the license agreement.

    6. TERMS OF USE. You may only use a Product, or any part of a Product, including presets or parts of sound libraries, only in the context of musical arrangements, recordings of arrangements and live performances. You cannot (a) extract, copy or otherwise produce from a Product any single preset, sound or MIDI file, an assembly of presets, sounds or MIDI files or assemble presets, sounds or MIDI files for resale, commercialization or any other form of distribution; (b) assemble solo agglomerates known as a loop for resale or other form of distribution, (c) create derivatives of content, including as single sounds, files or any other parts of a Product as a whole for resale or other form of distribution or (d) use any sound from a Product (or a derrivative work thereof) in any software, program or app, in either case set forth above unless you have our express written permission to do so.

    It’s understandable that Toontrack wants a broad and somewhat vague definition of prohibited use, to avoid feeding competing products with free samples. However it must be more clearly stated what “musical context” is. As for paragraph (d), maybe “software”/”app” should be narrowed down to competing products, or at least be complemented by a list of exceptions so we can use samples in songs on Spotify or write music for video games without the risk of getting sued.

    Since a court may consider John’s clarifying comment above an “express written permission” we are probably safe anyway. I did in fact read the ToS before I purchased SD and a lot of other stuff, and I considered it to be used only for my own unreleased arrangement purposes. According to John I can use it in productions, too, which is a big bonus and great news for me.

    • The post has been modified 3 years ago by nord
      3 years ago by nord
      3 years ago by nord
      3 years ago by nord
      3 years ago by nord
       - spelling, gah"> 6 times, last modified 3 years ago by nord.

    You can use midi and samples in your songs but cannot sell them or distribute them to others

    • This post was modified 6 months ago by Syed Shah.
    johngpilot
    Participant

    John,

    The demonitization by Youtube is not something that I would have expected. I intended to continue to  use this as my virtual drummer on original compositions and want to sell them via Commercial libraries for Sync as well as in you tube content. Am I to understand that this is not possible and will be flagged? That seems to be a red Flag.

    I am assuming the you tube algorithm can detect the use of EZDrummer samples and compositions then flag them even if its a part of a song not a beat or a sample?

    This is confusing. I wan to know if I will be safe releasing my music using EZDrummer so there will be no question on royalties?

    Thanks

    I have read the EULA and that didn’t help

    John
    Moderator

    Am I to understand that this is not possible and will be flagged? That seems to be a red Flag.

    What exactly makes you state that?

    Why would the YouTube algorithm do that?

    I am also confused, everyone in this thread is asking the same thing and the reply is still the same. If any of you have some kind of proof that shows you have gotten into trouble because you were using Toontrack products, please provide them so we can investigate.

    Again, Toontrack products are licensed to the end user to be used in context, like a song (to be played back/streamed in any kind of media) or delivered drum track as stems. You cannot sell someone else the MIDI files you have bought from Toontrack, nor can you provide someone else with the individual instrument hits (the individual samples) as audio files.

    BR,
    John

    John Rammelt - Toontrack
    Technical Advisor

    Phenix 2
    Participant

    hello

    About selling musics (backing tracks) using the Toontrack products (EZX keys, EZD2, 3, EZX)

    Is it Royalty-free ?

    You can subscribe to my free Youtube channel for the drums (so with a lot of Toontrack )
    > Check it out because there are a lot of demos !

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