Can I use Apple Loops for commercial productions?

Question

Can I use Apple Loops for commercial productions?

Hello!

I produce radio plays and comedies. Some of them shall come out on CD etc. now.

I'd like to use some those longer Garage Band Apple Loops for background music. Is this allowed? I mean, especially those comlete longer pieces (with 0 bpm listed in the loop browser) are fully composed stuff. Is there really no copyright on it?

The Software License Agreement is not clear enough to me and I can't afford a lawyer these days....

Other discussions don't give no clear answer.

Thanks!

david

Dual G5, 2,5 GHz, Mac OS X (10.4.6), 2,5 GB RAM, m-audio FW410

Posted on Dec 21, 2006 10:09 AM

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Answer 1

jord

Level 5

5,230 points

Dec 21, 2006 10:15 AM in response to David Tschoepe

The loops themselves are royalty free. You can use them in a song that you are composing. If you are simply using components of one of their songs, are you composing or simply remixing one of their pieces? If it's recognizeable as one of Apple's own complete pieces, there could be issues. We're not really talking about loops in this case.

jord

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Answer 2

lwilliam

Level 2

363 points

Dec 21, 2006 10:27 AM in response to jord

I think you'd be treading on dangerous ground.

Most loop libraries say you can use them in your OWN compositions, but not by themselves in another library.

I'm sure you'd be in trouble if you claimed ownership of them. You could be liable for performance royalties.

It could get into a grey area if you write a melody over the top of a rythmic/chord bed. That would probably be legal, but I'm not a lawyer. Sampling distinguishable parts from other compositions is a whole can of worms.

You can license music from any number of music libraries for commercial use. There are whole databases to search for style, instrumentation, length, etc. With those, you have to pay a license fee to use them. I'm not sure Apple would feel any differently.

Dual 2.5Ghz 2004; 2.5GB RAM Mac OS X (10.4.8)

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Answer 3

Dec 21, 2006 11:04 AM in response to lwilliam

You can license music from any number of music
libraries for commercial use. There are whole
databases to search for style, instrumentation,
length, etc. With those, you have to pay a license
fee to use them. I'm not sure Apple would feel any
differently.

thanks! can you recommend a certain library in the net?

main deal is: i.e. when I make a scene playing in a jazz bar, I need some "persuading" background music for the atmosphere - but don't want to compose and produce a new music for this purpose.

cheers!

david

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Answer 4

lwilliam

Level 2

363 points

Dec 21, 2006 11:26 AM in response to David Tschoepe

http://www.royaltyfreemusic.com/

http://www.productiontrax.com/

http://www.partnersinrhyme.com/

There's 3 to get you started. I'm making no endorsements. They were some that popped up on a search.

Google: royalty free music

You'll get a ton.

Dual 2.5Ghz 2004; 2.5GB RAM Mac OS X (10.4.8)

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Answer 5

Dec 21, 2006 11:51 AM in response to lwilliam

Thanks!!

There's 3 to get you started. I'm making no
endorsements. They were some that popped up on a
search.

Google: royalty free music

You'll get a ton.

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Answer 6

Dec 21, 2006 12:18 PM in response to David Tschoepe

the only limitation on the loops is reselling or distibuting them as loops

there is no limitation for using them in song (change a part of it to be safe)

DAVE

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Answer 7

sonther

Level 3

570 points

Dec 21, 2006 12:30 PM in response to David Tschoepe

"main deal is: i.e. when I make a scene playing in a jazz bar, I need some "persuading" background music for the atmosphere - but don't want to compose and produce a new music for this purpose."

Sad to see how creativity eludes people who call themselves "musicians" these days...

Aren't you getting paid for this gig? Don't you expect to collect royalties?

Then create, and earn it.

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Answer 8

Dec 21, 2006 2:04 PM in response to sonther

"main deal is: i.e. when I make a scene playing in a
jazz bar, I need some "persuading" background music
for the atmosphere - but don't want to compose and
produce a new music for this purpose."

Sad to see how creativity eludes people who call
themselves "musicians" these days...

Aren't you getting paid for this gig? Don't you
expect to collect royalties?

Then create, and earn it.

dear sonther,

well, I hopefully will get paid a little and I expect to collect royalties. but I don't call myself a musician. when creating (writing, speaking, arranging, mixing and mastering) a radio play all on my own, why shouldn't I use at least royalty free music for the mentioned purpose? Some that I paid for? When I record for a radio feature in the field I'd never cut out the music in the background of an interview made in a club either. Impossible...

with best regards

david

Dual G5, 2,5 GHz Mac OS X (10.4.6) 2,5 GB RAM, m-audio FW410

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Answer 9

lwilliam

Level 2

363 points

Dec 21, 2006 2:25 PM in response to David Tschoepe

I tend to think of David as a budding Music Supervisor. Those guys select and/or approve the music and make sure it has all the clearances. Often, they take a piece of the royalty pie (on "for hire" music) as well.

Remember...HE could be in a position to hire YOU one day....;)

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Answer 10

Dec 21, 2006 3:00 PM in response to David Tschoepe

The Software License Agreement is not clear enough to me and I can't afford a lawyer these days....

The last paragraph of this seems pretty clear…

http://docs.info.apple.com/article.html?artnum=93762

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Answer 11

Dec 21, 2006 3:10 PM in response to John Alcock

The last paragraph of this seems pretty clear…

http://docs.info.apple.com/article.html?artnum=93762

John, you got it! Didn't find this. That's really clear.

BTW: Those Apple Loops I'm talking about don't cover such a large musical spectrum which should make musicians here being scared of losing their jobs.

thanks and greets

david

Dual G5, 2,5 GHz Mac OS X (10.4.6) 2,5 GB RAM, m-audio FW410

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Answer 12

lwilliam

Level 2

363 points

Dec 21, 2006 4:03 PM in response to David Tschoepe

Well...there's still a part that's not clear to me:

"...nor may they be repackaged in whole or in part as audio samples, sound effects or music beds."

Does that mean I can't include an Apple Loop in an original composition that I'm licensing to a Music Library?

Scenario: I create a CD with 20 2:30 minute compositions of a particular style of music, and license it (or sell it, or whatever) to a Music Libary. I include various Apple Loops as part of those compositions. Am I "repackaging" it as part of a "music bed"? The whole intention of a Muisc Libary is to provide music beds.

It's the term "Music Bed" that gets me...that could be a romance scene in an indie film or cable TV movie. I believe it would depend on the legal definition of the term.

It's PROBABLY OK since I'm using them IN a composition, not as the primary sound in one, but you never know.

As a result, I've not put much effort into using ANY sample product that restricts their use in "music beds".

This would be a good question to send to one of the recording mags: Recording, EQ, Sound-on-Sound, etc to see if they can get a response from Apple on this technicality.

Unless someone has already had the question answered by Apple's legal dept...

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Answer 13

Dec 21, 2006 4:14 PM in response to lwilliam

Well...there's still a part that's not clear to me:

"...nor may they be repackaged in whole or in part as
audio samples, sound effects or music beds."

Does that mean I can't include an Apple Loop in an
original composition that I'm licensing to a Music
Library?

Scenario: I create a CD with 20 2:30 minute
compositions of a particular style of music, and
license it (or sell it, or whatever) to a Music
Libary. I include various Apple Loops as part of
those compositions. Am I "repackaging" it as part of
a "music bed"? The whole intention of a Muisc Libary
is to provide music beds.

It's the term "Music Bed" that gets me...that could
be a romance scene in an indie film or cable TV
movie. I believe it would depend on the legal
definition of the term.

It's PROBABLY OK since I'm using them IN a
composition, not as the primary sound in one, but you
never know.

As a result, I've not put much effort into using ANY
sample product that restricts their use in "music
beds".

This would be a good question to send to one of the
recording mags: Recording, EQ, Sound-on-Sound, etc to
see if they can get a response from Apple on this
technicality.

Unless someone has already had the question answered
by Apple's legal dept...

Good idea! At the moment I think, apple just doesn't want others to do what they do when offering these samples. just no "rivals in their own business" who simlpy copy the stuff. The question is, how "simple" it can get.

cheers!

david

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Answer 14

iSchwartz

Level 5

4,321 points

Dec 21, 2006 4:36 PM in response to lwilliam

lwilliam,

Here's my take on this...

I think the key here is in the word "repackaged".

Example of repackaging: You use an AppLoop drum loop for the rhythm track of a piece of music that also includes a bass note from a Moog and some horn hits from a Korg Triton. You include this on a sample library for EXS which you're selling. The Moog and Korg sounds don't count in this case because there's no license involved in the use of those sounds. But this isn't so of the AppLoop. In other words, you can't sell a "package" of samples that includes AppLoop samples.)

The use of an AppLoop "used as a compositional element" is a whole other story. If you're writing library music tracks and you use a AppLoop, you are using it as a royalty-free musical element in an original composition.

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Answer 15

sonther

Level 3

570 points

Dec 21, 2006 6:41 PM in response to David Tschoepe

Dear David,

as you read, you're good to go - thanks for the link, John.

Glad you took my comment the way it was meant: global and not personal. Good luck with your project!

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