Copyright question about use of EZDrummer

[RacerX29]

I am considering the purchase of EZDrummer from Amazon. The reviews seem to be excellent.

My question is, does Toontrack have any rights to the creations I would make with EZDrummer?

I have gotten royalty free WAV drum loops from many websites and used those to create songs on top of them. But they always have the disclaimer that the original creator may have rights to the loop.

I want to avoid any sort of infringement problems if I were to take my home recordings to the next level. I want to be sure that I own and have all the rights to the drum performance created in EZDrummer.

Thanks in advance.

Jim

Topic

[Scott]

EZdrummer can be freely used in your own musical compositions. You just can’t redistribute the individual samples as this would be a breach of the EULA.

Scott Sibley - Toontrack
Technical Advisor

[Martin]

ORIGINAL: Scott
You just can’t redistribute the individual samples as this would be a breach of the EULA.

Or the MIDI files, for that matter.

Martin Kristoffersson
Sound Designer

[RacerX29]

Thanks for the info and the quick response! (sorry, more questions)

1. So, I can use it and I would be able to sell MP3s/CDs/WAVs (any type of format) of the songs I make with it? Also, there’s no limitation on where I could sell the songs?

2. But I couldn’t create custom drum loops and sell them? That would be competition to EZDrummer?

3. Or, do you mean I can’t sell your “factory” drum loops? ( to me, that’s obviously illegal – I would never do that)

4. Do I have to note in the credits, of anything I sell, that the drums were created in EZDrummer?

I just want to be clear because I am like most people, I’m not a copyright lawyer and I don’t read the EULAs.

This would be similar to buying a Yamaha snare drum and selling songs made with it – that’s perfectly legal. BUT if I started making copies of the actual drum and selling them as genuine Yamahas, that would be illegal. Right?

All this because I’m assuming/hoping that there are people out there that might want to buy my creations – I know, that’s a long shot! But I’m being positive!

[Scott]

1. So, I can use it and I would be able to sell MP3s/CDs/WAVs (any type of format) of the songs I make with it? Also, there’s no limitation on where I could sell the songs?

Yes, you can sell any song in any format using EZdrummer. I’m assuming when you say ‘where’ you could sell the song, you are referring to geological location? If so, no, there is not limitation. If, by ‘where’, you mean itunes, etc. the answer is still ‘there are no limitations.’

2. But I couldn’t create custom drum loops and sell them? That would be competition to EZDrummer?

Correct.

3. Or, do you mean I can’t sell your “factory” drum loops? ( to me, that’s obviously illegal – I would never do that)

Also, correct.

4. Do I have to note in the credits, of anything I sell, that the drums were created in EZDrummer?

No, you don’t ‘have to’ but I’m sure Toontrack wouldn’t mind.

This would be similar to buying a Yamaha snare drum and selling songs made with it – that’s perfectly legal. BUT if I started making copies of the actual drum and selling them as genuine Yamahas, that would be illegal. Right?

Well, yes. But when you buy a Yamaha snare drum you can then rent it out to someone coming to your studio. With samples, that’s not the case. The license if for a single user (you) and can’t be ‘rented’ out to someone else.

Scott Sibley - Toontrack
Technical Advisor

1

Thanked by: jtwaggs

[RacerX29]

Thank you so very much. I want to be clear on it. It probably won’t even matter but I just wanted to know. Thanks again for the info.

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[Yi Xu]

Scott wrote:

EZdrummer can be freely used in your own musical compositions. You just can’t redistribute the individual samples as this would be a breach of the EULA.

How about the Ezkeys MIDI packs? Do I need to credit the editor or creater of the pattern/styles?

[Scott]

Yi Xu wrote:

Scott wrote:

EZdrummer can be freely used in your own musical compositions. You just can’t redistribute the individual samples as this would be a breach of the EULA.

How about the Ezkeys MIDI packs? Do I need to credit the editor or creater of the pattern/styles?

No. As long as you are using them in your own musical works and not selling them “as is”.

Scott Sibley - Toontrack
Technical Advisor

[ronnie_dean]

There are very specific questions on services like DistroKid asking if you are using any samples or sounds that you did not record yourself.  This falls into that category I believe which means nobody’s music created with EZDrummer is safe from copyright infringement notices, despite what you say.  A computer algorithm does the checking, and if it finds similar drum patterns, it could trigger one.  You have to tick a box on Distrokid that specifically says:
Important stuff that YouTube takes seriously
Does your album contain any audio (beats, loops, samples, video game sounds, other peoples’ music…) that you didn’t create yourself? If so, this album is unfortunately ineligible for YouTube Money. Not only that, but all of the following must be true as well:

I created all of the sounds myself

This album does NOT contain beats, loops, sound effects, or other audio that I downloaded from sample libraries or other public sources. This includes sounds that are available for free from GarageBand, Ableton, Logic, Fruity Loops, etc.

this is literally what EZDrummer is so I couldnt tick these boxes, which means I cant put music on YouTube.  Read your EULA and it doesn’t say anything about the users protection, just Toontracks protection from people ripping off the software.  Bit if a let down for someone who bought this thinking it was all good to use on original comps.  Its very gray.

[Scott]

ronnie_dean wrote:

There are very specific questions on services like DistroKid asking if you are using any samples or sounds that you did not record yourself.  This falls into that category I believe which means nobody’s music created with EZDrummer is safe from copyright infringement notices, despite what you say.  A computer algorithm does the checking, and if it finds similar drum patterns, it could trigger one.  You have to tick a box on Distrokid that specifically says:
Important stuff that YouTube takes seriously
Does your album contain any audio (beats, loops, samples, video game sounds, other peoples’ music…) that you didn’t create yourself? If so, this album is unfortunately ineligible for YouTube Money. Not only that, but all of the following must be true as well:

I created all of the sounds myself

This album does NOT contain beats, loops, sound effects, or other audio that I downloaded from sample libraries or other public sources. This includes sounds that are available for free from GarageBand, Ableton, Logic, Fruity Loops, etc.

this is literally what EZDrummer is so I couldnt tick these boxes, which means I cant put music on YouTube.  Read your EULA and it doesn’t say anything about the users protection, just Toontracks protection from people ripping off the software.  Bit if a let down for someone who bought this thinking it was all good to use on original comps.  Its very gray.

Do you have a link to where they specifically state “using any samples or sounds that you did not record yourself” because as a Toontrack user, you are legally licensed to use the Toontrack samples in your music production.

Scott Sibley - Toontrack
Technical Advisor

[Ian Strong]

If I make original drum music using the sounds from Toontrack products and I sell loops that I’ve processed with my own effects can I distribute those to other producers I work with to incorporate into their own original compositions? Thanks!

[Dave Wesolowski]

I just noticed that YouTube does indeed declare music you’ve made with EZdrummer can not be monetized on their channel. When I submitted my most recent single using TuneCore distribution, TuneCore specifically tells you during the submission application that any music created using pre-recorded samples can not be monetized on YouTube. I have three singles that are all me on the guitars and bass, and a hired keyboardist, and I saw on my TuneCore dashboard that they have been declared ineligible for monetization on YouTube. I used EzDrummer2 as a compositional tool and arranged the parts in to songs quite uniquely. I used the verses for verse parts and chorus parts for chorus and son on, but I sequenced everything to my own liking. There are no other samples on my songs and they are not in violation of using other peoples melodies.

Singles: 1) Epiphanies of Grandeur by Dave West

2) Bazaar Shopping by Dave West

3) Majestic 12 by Dave West

This is a rather large problem. Even Deven Townsend used EZdrummer to create professional recordings. I used the product as intended, and apparently, YouTube does not honor your granted permissions of use. What am I to do? I can’t afford to record a drummer in a studio; that’s why I use EZDrummer. YouTube and TuneCore both need someone from your company to correct this, as it directly will limit purchase of EZDrummer if people become alert to this. It is exactly the same situation as the fellow using Distrokid is having. We are your dedicated customers, please lobby for us so we have the ability to use your products in creating unique and original music.

Thank You.

Dave Wesolowski dba Dave West

 

 

 

 

 

[Dave Wesolowski]

You are correct. TuneCore is explicit in stating the same exact thing as Distrokid. No YouTube monetization using songs with EZDrummer2 as the drummer as they are samples. This is disastrous for me. Very expensive to remedy. I simply cannot afford a drummer to go and rerecord the drum parts. I had planned on using YouTube as my primary advertising platform like Mary Spender. This is a kick in the teeth to Toontrack and all of the customers.

[Lewsie]

I was just going to buy this on a Black Friday special – but not if it can’t be monetised.  This whole thing seemes mad.  I pay for vsts and sample sets.  Isn’t that the same as hiring a musician to record those phrases.

Anyway the big picture is – any response from Toontrack to clear this up.  I’m certainly not buying it now if I can’t get clearance to use it!

[TrevorMatthews]

Lewsie wrote:

I was just going to buy this on a Black Friday special – but not if it can’t be monetised.  This whole thing seemes mad.  I pay for vsts and sample sets.  Isn’t that the same as hiring a musician to record those phrases.

Anyway the big picture is – any response from Toontrack to clear this up.  I’m certainly not buying it now if I can’t get clearance to use it!

I just started the trial and happened upon this thread.

I won’t be buying it now.

[Author]

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