Copyright

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Gregory Sloane Posted April 16, 2017 22:05

I searched everywhere on the website for an email, but for the life of me, I couldn't find one, so I came here. I have a question about using the samples of Garritan. I am very independent and poor, so I can't afford hiring an orchestra to play my music, which leaves me with your samples, which are definitely suitable. I wish to release my music, copyrighted and all, to the public, but of course, before I make such moves, I want to make sure that I can copyright my music when it is almost exclusively produced by Garritan's samples, as long as I provide written credit to Garritan in a description for an album. My Finale is v14 and I have PO 4 & 5 along with Instant Orchestra and World Instruments.

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Casey Kendall Posted May 30, 2017 00:50

I would like an answer to this as well. Do I need to credit Garritan when I submit a copyright claim to my work, or do I own my work completely?

Brian Roland Edited May 30, 2017 16:39

I'm no attorney, nor do I represent MakeMusic, but I'll share my basic understanding of how these things work.

1. Finished complete musical compositions using these type of musical instruments are your own. If you intend to publish a completed recording for profit it never hurts to provide your publisher with a list of the instruments and tools you use. They will know if and when credits are legally mandated.

If you use these sorts of instruments in 'live venues', again you should be fine. It is the venue's responsibility to get the proper licenses for hosting live music....and what ever fees and royalties they pay get distributed accordingly. I've no clue if instrument makers like those behind Garritan Sample Libraries get a cut of any of that....but my point is, it's not on your back as a 'performer' to worry about it.

2. You can NOT distribute any portion of a library as a 'musical instrument' without permission. I.E. Resample a Garritan Cello to make a new VSTi plugin of your own. Of course you can resample for your own personal use towards completed projects, but you are NOT permitted to assemble such resampled material into a 'competing musical instrument'.

Making 'loop collections' and selling those might be a grey area....I think it would depend on how such loops are packaged, and how they get 'played back'. If you are making such a compilation of 'loops', I'd personally contact someone at MakeMusic and get an OK to go market, or find your own source for making your own samples scratch, or buy samples from a provider that are 'royalty free' and come with the documentation stating this.

3. Under OP's circumstances, I don't think there is any problem with self publishing a rendering that uses a sample library. It won't hurt to list the hardware and software used as a curtesy and a precaution, but I don't think it is a legal requirement (in the USA anyway). As far as I know, Garritan Libraries are Royalty Free when used under the user agreement terms.

I'll try to come back with a link pointing to the user terms......they pop up at the time you install a library.

Brian Roland Posted May 30, 2017 16:42

Here is just one example of a Garritan Library's user terms...I found it with a web search.
In this case they do request mention in the credits...

https://downloads2.makemusic.com/pdf/makemusic/GarritanSteinway.pdf

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