That’s probably what caused the commotion, but Splice seems to have addressed that. In layman’s terms, they were vaguely stating that anything you created using Splice samples/loops was basically considered a “derivative work” of those sounds.
Submitting a takedown notice in violation of The Digital Millennium Copyright Act of 1998 (the “DMCA”) may subject you to liability for damages under Section 512(f) of the U.S. However, you do not own the copyright in the Sound, and if you submit a takedown notice to any third party sites for Your Work, then you are responsible for ensuring that such takedown notice is not being issued for a different work on the basis that the different work includes the same Sound. “ You are free to register a copyright in a derivative work you create using a Sound (“Your Work”). Additionally, for clarity, you may not use the name, image, or likeness of the artist associated with a Sound in any way without that artist’s express written permission.“ “ You may not (i) use the Sounds in isolation as sound effects or as loops, (ii) use Sounds in a manner competitive to Company or its licensors, or (iii), sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer all of the Sounds to a third party except as incorporated into a derivative music production. This means that, subject to Section 6.b, you may modify, reproduce, publicly perform, distribute, transmit, communicate to the public and otherwise use Sounds, including for commercial purposes.“ Subject to Section 6.b below, you are granted a non-exclusive, non-transferable, perpetual right to use Sounds you obtain through Splice Sounds in combination with other sounds in music productions to create derivative works. If I’ve still got your attention, keep reading to find out if it’s still possible to use Splice Sounds (or any other service) commercially and how to do it PROPERLY. Lastly, you’ll need to realize that sounds you license from Splice are NON-EXCLUSIVE which means that using them for EXCLUSIVE tracks can get you in trouble. Splice also doesn’t protect you from any potential lawsuits that can arise because of improper use of their material (we’ll be studying some real examples to drive the point home). In other words, Splice cannot be held liable if for example, one of the samples/loops you used was later found to be uncleared (which is entirely possible). If you’ve read through Splice’s EULA, you’ll understand that you’re basically using the service at your own discretion. I’ve done my research and the reality is that using Splice Sounds in your commercial projects can lead to potential problems. Can you use Splice Sounds in your commercial projects? The simple answer to that question is YES, but the real answer is much more complicated… You see, most people don’t read EULAs (end-user license agreements) and that can get you in trouble.
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