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Why are compositions using Garageband loops and samples not eligible for royalty collection by Tunecore on YouTube videos?

I have composed a track using some samples and loops from Garageband as well as my own instrumentation that is, in my opinion completely original, however, Tunecore state that these are ineligible for royalty collection on youTube:


Ineligible: You cannot submit tracks to YouTube for revenue collection that:

  • Contain public domain clips or speeches
  • Contain any audio library samples, sound effects, or production loops (such as GarageBand loops)
  • Contain any third party content that you do not have exclusively licensed (such as samples you do not have exclusively licensed)
  • Are karaoke versions or sound-a-like cover versions
  • Are part of a compilation/various artists' albums


Apple state:

The GarageBand software license agreement says:

"GarageBand Software. You may use the Apple and third party audio loop content (Audio Content), contained in or otherwise included with the Apple Software, on a royalty-free basis, to create your own original music compositions or audio projects. You may broadcast and/or distribute your own music compositions or audio projects that were created using the Audio Content, however, individual audio loops may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound effects or music beds."

So don't worry, you can make commercial music with GarageBand, you just can't distribute the loops as loops.

Mac Pro, OS X Mavericks (10.9.4)

Posted on Jun 28, 2015 6:56 PM

Reply
7 replies

Sep 24, 2015 11:09 PM in response to DaveTheDreaded

i guess your referring to the Content I.D. that youtube has, if thats the case from my understanding is, when you use content i.d. your musical audio gets a fingerprint and youtube will match and other uploads of your original works, now if u have created something using lets say a loop of a strings, etc, youtube cannot pay you because you don't own exclusive rights to that string loop etc. and another thing is when other people create music with the same string loop that you did, youtube would match your music as the original owner and everyone else would not be allowed to use there song, because it would claim that you are the owner of that audio because it was matched in your recording, so in other words, i think its that way so that it can match peoples work and pay to the right owners of music, i wish it was more diffrent because alot of people licence out sounds for there productions and it creates a limitation for alot of people but ya.

Sep 25, 2015 12:08 AM in response to DaveTheDreaded

It's a mess.


Copyright and Royalty was already difficult before the digital age, but now it gets borderline bizarre. On the YouTube side, they just throw at it an algorithm/fingerprint system called Content ID to solve the problem, but at the end, could generate even a bigger headache. The computer "thinks" in a different way, acts accordingly and it is up to you to sort things out. Did you ever try to contact anybody at Goggle ... good luck.


Great thing about loops and the "lowering the bar of creating music", it has its flip side. All the music sounds the same because they all use the same loops, the same samples, the same ... . If two songs use the same Apple Loop, which one can claim copyright for their song. That's why Apple says, knock yourself out and use our stuff to make "your" music, but only royalty free, so nobody can fight over copyright and royalties later on.

But how about drum loops. Copyright law doesn't protect grooves, so everybody can use the same drum loops as long they put their own stuff on top to make it original and claim copyright.


The only people who are happy about all that are the lawyers ... at least someone is still making money off of music.


As I said, it is a mess.


Hope that helps


Edgar Rothermich - LogicProGEM.com

(Author of the "Graphically Enhanced Manuals")

http://DingDingMusic.com/Manuals/

'I may receive some form of compensation, financial or otherwise, from my recommendation or link.'

Sep 29, 2015 9:34 AM in response to EdgarRothermich

Edgar wrote:

That's why Apple says, knock yourself out and use our stuff to make "your" music, but only royalty free, so nobody can fight over copyright and royalties later on.


that is not what the user agreement means.


a license to use royalty free loops from a company (Apple) means that you (you) can use the loops to create music and not owe anything further to the company (Apple). you (you) can receive money (a royalty) for your work, and can claim a copyright on the final product, assuming it is original.


of course what you may or may not upload to a website is up to the terms of use for that website

Oct 31, 2015 3:14 PM in response to SKyworld11

Hi,


I think you're right about the loops being identified by YouTube as similar to other works that use them and therefore can not be claimed solely by one artist to claim royalties from that track. this is due to algorithms used by YouTube to identify tracks. My track would stand up as an original in a court of law if I used the loops creatively enough because a person could hear how different it would be from someone else use of those loops, but Youtube use a computer who can't tell it's **** from it's elbow. Thanks!


<Edited By Host>

Oct 31, 2015 3:16 PM in response to EdgarRothermich

Yes that has helped. I did get information from YouTube eventually. Algorithms are read by computers and when they hear a loop they recognise they are unable to decipher it as something new (as it is used within the whole song) and therefore will not allow anyone to claim royalties for that track. I knew about drum beats/grooves as anyone can hear on most tracks.

Oct 31, 2015 3:55 PM in response to DaveTheDreaded

DaveTheDreaded wrote:


Yes that has helped. I did get information from YouTube eventually. Algorithms are read by computers and when they hear a loop they recognise they are unable to decipher it as something new (as it is used within the whole song) and therefore will not allow anyone to claim royalties for that track. I knew about drum beats/grooves as anyone can hear on most tracks.


Thats' what you get when you replace (expensive) humans with (cheap) computer algorithms

Why are compositions using Garageband loops and samples not eligible for royalty collection by Tunecore on YouTube videos?

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