Acid Loops and Copyrights?

[Two hands31]

I'm just wondering something about Acid Loops. I use them a lot, all the free downloads off acidplanet.com (8-packs, contests, etc.) mostly to goof around with, but I'm wondering, how do copyright things work with these? Like, if I wanted to use some samples I downloaded from their site which were offered by them for free in a song that I was selling on a CD, would I be allowed to? Like, are these samples free for you to use in any way you like, or is there royalties and stuff to think about? Especially with the contest stuff, where the samples are recorded by various bands, for example, I have some drum samples from Tommy Lee's "Hold Me Down" contest a long while back that I used behind a song (barely recognizable because the tempo's much faster), is this allowed?

[darren wilson]

Tough call. Generally, if you buy samples and loops in CD form, they're provided "royalty free". I'm not sure how it works with acidplanet... i'm assuming that if people are uploading stuff to share for free, they're doing it with the understanding that they're not going to be "rights protected" once they're in the public domain. Check the terms of service.

[Two hands31]

Originally Posted by darren wilson

Check the terms of service.

Good idea, I'll do that.

[Two hands31]

Here's what I've found (bolded what appears to be most relevant to this situation):

Originally Posted by Acidplanet.com Terms of Service

SECTION B - OWNERSHIP AND COPYRIGHT

All pages within this Site and any material made available for streaming or download are the property of Sony Pictures Digital Inc., its subsidiaries, affiliates, vendor, licensors or ACIDplanet citizens ("Citizens"). SPD is the exclusive owner and proprietor of the Site. The Site Content and Site code ("Site Code") as they exist on the Site are offered to you by SPD for limited use pursuant to these Terms of Service. As used herein, "Site Content" means any and all human readable patent audio and/or visual elements of this Site created or owned by SPD, or 3rd parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works (including, for example, without limitation, movie trailers or episodic works, home movies and home digital photography), designs, logos, information and other content made available through the Site by either SPD or by SPD in concert with third parties. "Site Code" means any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, data and other sets of statements and instructions contained in the underlying Site.

The Site Content and Site Code are owned by SPD and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted by SPD, you shall not capture, reproduce, perform, transfer, sell, license, modify, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link distribute or exploit in whole or in part any Site Content or Site Code. Any violation of copyright laws may result in severe civil and criminal penalties.


From time to time the Site may make "8Packs" of music loops and other material available for download on the Site (the "Free Content"). SPD grants to you a limited, non-exclusive, non-transferable right to download, copy, modify and publish the Free Content in connection with your own remixes of such content as part or your own original composition only. You may not redistribute, sell, rent or license the Free Content to third parties without the express written consent of SPD.

So, does this mean it's ok, as long as I don't sell the samples themselves individually? And how is something non-exclusive and non-transferable?

Damn legal jargon...

[darren wilson]

As long as you're using the samples in your own original composition and you're not just turning around and re-selling the loops, yeah, sounds like you're okay.

Non-exclusive means anyone can download them and use them, and you can't ask them to restrict the usage to you only... essentially, "Don't whine if someone else's track has the same drum loop as you."

Non-transferable means you can't upload them to your site for people to download, even if you say they're free samples from acidplanet.

[Two hands31]

Ah ok, I got it. So basically, how I've been using them is ok then, as long as I'm not just selling/distributing the loops themselves and I'm doing something original with them.