After finishing a composition can I use the instrumental output commercially ($$$)?
Thanks. Yes, I am referring to the on-board instrument sounds that would be contained in the MP3' or WAV's. By the way, I am using SongWriter. Excellent stuff for $40!
But, I was concerned about the following passage in the agreement:
2. OWNERSHIP. As licensee, you own the documentation materials and the media on which the SOFTWARE is recorded, but MAKEMUSIC retains all ownership and rights in the SOFTWARE, including all rights in any portion(s) of the SOFTWARE present in any output of the SOFTWARE. This License Agreement is NOT a sale of the SOFTWARE.
"including all rights in any portion(s) of the SOFTWARE present in any output of the SOFTWARE"
I respect your kind and prompt reply. But, I need to be sure. Are there precedents that you can point me toward? Or, other supporting MakeMusic documentation?
Thanks again!
This is a standard clause in any software license. It has nothing to do with your original question nor Bruce's correct answer.
You may distribute your work created by the software as Bruce answered. You may not distribute any part of the software itself. You have a license for its use but that does not include any ownership of the code.
In the case of work product, you are creating files from the libraries etc. that you may distribute. You do not distribute the underlying libraries, however. Let's say that your composition uses GPO. You create a .wav or .mp3 file from Finale—that's ok. If, however, you send a file that requires GPO for the other person to hear it, that person needs his/her own license. Likewise, if another person requires Finale to view/edit work, they need their own license. You can certainly print or create a .pdf file of your work.
I am not an attorney nor am I attempting to practice law. I did make my living for many years licensing software. I hope this helps.
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