Copyright of Sound Packages
 
Stormchild
post Sep 14 2009, 11:26 AM
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Hi everybody. I am not sure if this was adressed already somewhere. I took half an hour to look through the topics and could not find it.

Are the sound packages copyrighted to be used only in Moviestorm or may they be used in other applications (videos, other 3D movies) too?
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johnnie
post Sep 14 2009, 1:43 PM
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We realise that this is slightly ambiguous at the moment. We'll be re-wording the Moviestorm EULA soon to make it clearer. Basically, though:
  • YOU MAY use the audio in your own Moviestorm movies, however you wish.
  • YOU MAY chop and change your rendered movie, either in the Cutting Room View or in an external editor. If this involves chopping and changing bits of the audio from the sound packs, that's fine.
  • YOU MAY splice your rendered footage with other footage (to which you also own the rights), as long as the sound pack audio doesn't accompany bits of the movie which are not made in Moviestorm.
  • YOU MAY use an external editor to put your Moviestorm movie together. If so, YOU MAY take the original audio files from the installation directory and import them directly into your external video editor, for use on that project only.
  • YOU MAY place audio from these packs over the top of plain titles or credits, even if created in a third-party package.
  • YOU MAY NOT place audio from these packs over the top of non-Moviestorm footage (even if Moviestorm footage features elsewhere in the movie).
  • YOU MAY NOT use Moviestorm to render audio from the sound packs for another (non-Moviestorm) project.
  • YOU MAY NOT take the audio files from the installation directory and use them as soundtrack for a movie not made (in whole or in part) with Moviestorm.
  • YOU MAY NOT redistribute the original audio files to anybody else. You can install the content packs on more than one computer, of course, for your own use.
Simply put, it's for use within Moviestorm only. Mash-ups are okay, as long as the audio from the sound packs accompanies Moviestorm footage only.

As always with these things, if you're in any doubt whatsoever, contact us directly with the specific details of your project, and we can give you a yay or a nay. I can be reached via PM on these forums, or by emailing johnnie -DOT- ingram (at ) moviestorm d-o-t co dot uk.

Hope that helps, Stormchild. The updated (and hopefully less confusing) EULA will ship with Moviestorm version 1.1.7.


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QUOTE (The Overcast @ July 23 2006)
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Armanus
post Sep 14 2009, 8:30 PM
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Could I recommend you stickying that post somewhere Johnnie, at least until the new EULA is out? That way if anyone else has the same question it may be easier to find.


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Jason3
post Sep 14 2009, 8:42 PM
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So if you make a film in MS, can you have music over the titles? According to the post you can't, but did you intend to stop people doing that (assuming the rest of the film is in MS)?
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johnnie
post Sep 15 2009, 10:27 AM
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@Armanus - Good suggestion. I've stickied this post.

@Jason3 - Yes, you can use the music over the top of your credits. I've amended my initial post to (hopefully) better reflect that.

The licensing agreement we have with the musicians who provided the music in the sound packs is a little unusual, and we have to pass on the same restrictions to you. The main concern is that this music does not appear on top of footage from other sources (machinima made in game engines, in particular).

The amendments to the EULA will, I very much hope, make this clearer. In the meantime, this post will serve as a guideline (and, as I said before, we're very happy for you to contact us directly to clarify any points that may still be ambiguous).


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QUOTE (The Overcast @ July 23 2006)
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Stormchild
post Sep 16 2009, 12:34 AM
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QUOTE (johnnie @ Sep 14 2009, 01:43 PM) *
...
YOU MAY NOT place audio from these packs over the top of non-Moviestorm footage (even if Moviestorm footage features elsewhere in the movie).
...
YOU MAY NOT redistribute the original audio files to anybody else. You can install the content packs on more than one computer, of course, for your own use.



Thank you for the quick response.
There are follow-up questions though.

If I was to build a MS movie with a blue-screen in, does this mean I may not use the music over scenes played on the blue-screen?

Does the redistribution cap mean that I may not distribute a movie made with MS and the music or does this only refer to the original files in the MS directory?
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johnnie
post Sep 16 2009, 3:45 PM
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That's a slightly tricky scenario. The answer is probably "yes, you can do that", but the EULA will clarify for certain.

The amendments to the EULA are currently being Lawyered at and reviewed, so you shouldn't have to wait too long for a definitive answer. If need absolute clarity in a hurry, though, please do get in touch and we'll give you a Yes or a No.


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QUOTE (The Overcast @ July 23 2006)
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Stormscape
post Oct 26 2009, 9:09 PM
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QUOTE (johnnie @ Sep 14 2009, 01:43 PM) *
[*]YOU MAY NOT place audio from these packs over the top of non-Moviestorm footage (even if Moviestorm footage features elsewhere in the movie).


This confused me as well. It seems like such an arbitrary restriction, and one that's bound to cause more trouble than it solves.

For example:
  • Composited scenes which are part-Moviestorm part-something-else?
  • Moviestorm footage intercut with non-moviestorm footage within the timeframe of a single music track?


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Robear
post Nov 27 2009, 12:27 AM
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QUOTE (johnnie @ Sep 14 2009, 01:43 PM) *
  • YOU MAY splice your rendered footage with other footage (to which you also own the rights), as long as the sound pack audio doesn't accompany bits of the movie which are not made in Moviestorm.
  • YOU MAY NOT place audio from these packs over the top of non-Moviestorm footage (even if Moviestorm footage features elsewhere in the movie).


Has this issue been cleared up yet?

I have a real problem with this. When I purchased the Music AddOns (the day they went online, I believe), this restriction which disallows the use of non-MS green-screen backgrounds while the music or accent track is playing WAS NOT MENTIONED at the time of purchase, and in fact is not still. It says in bold type on the purchase page under each music pack, This music is licensed for use in Moviestorm projects only.

But you state that WE MAY splice our rendered footage with other footage... which makes the whole thing A MOVIESTORM PROJECT. Nowhere did it state that the audio addons must be used with Moviestorm footage exclusively.

Am I to believe that we are to stop the background music if the background in the footage is green-screened third-party footage? That is absurd.

I read that you are working on the EULA, but I don't believe that you can fairly change the terms of a license agreement AFTER the purchase of that license has been made. That is called "Bait and Switch" and I know you guys are not into that style of business.

Please clarify this issue quickly as I have already sold a project containing the above mentioned and possible violation of terms.

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flashman
post Nov 30 2009, 5:56 PM
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Hi there,

There seems to be some confusion on this matter, and I would like to clear it up as best I can.

Moviestorm gives users the right to create movies using our assets (art, audio, animations, etc.), and to have rights over that movie footage, but it does not give users the rights for the resale or redistribution of any of the assets themselves though.

The audio packs are the first 3rd party assets that we have sold via our website, and they effectively abide by the same EULA. You cannot separate out the audio assets and use them outside of Moviestorm, or re-sell or re-distribute them. They are to be used within Moviestorm projects only.
The Modders agreement is separate and equally explicit in terms of usage.

We recognise that our software enables you to responsibly include external footage in your movies. 'Responsible' inferring that you have the rights to use that footage. Any 3rd party Moviestorm audio assets you use can be used coincident, or within the same context as that external footage within your Moviestorm movie.

We continue to strive to give our users as much commercial liberty as possible with the Moviestorm product but when 3rd party content is concerned there can be differences, as with the case of 3rd party audio assets. The license gives users sale and distribution rights of footage that includes assets from our audio packs, but does not give users the rights for the resale or redistribution of that footage.

We apologise for any confusion that this may have caused, and suggest that if you have a specific further issues, you contact us directly via sales@moviestom.co.uk where we will endeavor to quickly address your concerns.

Thanks,
Andrew Kennedy
COO, Moviestorm Limited


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tkd27
post Nov 30 2009, 7:34 PM
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Andrew, are you defining a Moviestorm Project as one created exclusively within Moviestorm's engine? If so, this would mean that any greenscreening (or even special fx and transitions) would make the movie ineligible for royalty free use of the music addons.

Is that in fact what you are saying?
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kv
post Nov 30 2009, 8:56 PM
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If I am reading right the short message is that you can use the music only on moviestorm movies, or movies containing moviestorm, you can not try to sell the music, you cannot use the music in movies that are not moviestorm based, you cannot use the music within a music track that is not accompanied by a moviestorm movie.

However you can use the music in an external application if you do your moviestorm post production in one, but again the music must be accompanied with moviestorm created video.

I think you can use the music if your using cross platform created movies ie: Iclone and Moviestorm, The Movies and Moviestorm, as long as the movie contains a decent amount of moviestorm content.

Hope I got that right.


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Robear
post Dec 1 2009, 2:41 AM
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Let's try my question this way...

Is this video a violation of terms?



This is a green-screened video background with a CrazyTalk overlay accompanied by a Bob and Barn audio track and all wrapped up in a Moviestorm project. All four appear together at the end of the video.
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flashman
post Dec 1 2009, 4:48 PM
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QUOTE (Robear @ Dec 1 2009, 02:41 AM) *
Let's try my question this way...

Is this video a violation of terms?



This is a green-screened video background with a CrazyTalk overlay accompanied by a Bob and Barn audio track and all wrapped up in a Moviestorm project. All four appear together at the end of the video.



That is perfectly fine as far as we are concerned - love it in fact!
The only issue would be if you offered the movie with the Bob'n'Barn soundtrack and gave users permission to re-sell/distribute that music.


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flashman
post Dec 1 2009, 5:00 PM
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QUOTE (tkd27 @ Nov 30 2009, 07:34 PM) *
Andrew, are you defining a Moviestorm Project as one created exclusively within Moviestorm's engine? If so, this would mean that any greenscreening (or even special fx and transitions) would make the movie ineligible for royalty free use of the music addons.

Is that in fact what you are saying?



Yes. A Moviestorm project is created within Moviestorm.
However, we appreciate that you use 3rd party software to create your masterpieces, and are perfectly content with that [n.b. Our ultimate aim of course is to remove that need rolleyes.gif ]
The musicians often created the music as part of projects for 3rd parties, but ended up with restricted rights for the re-use of those compositions. Those agreements generally prevent some of the music being used in conjunction with competitive 3rd party IP. We can offer them to you, as our content is not in conflict, but if you were to make a movie including some competitive IP with that music as the soundtrack, there could be a potential problem. If you use any footage that you have rights to use, there should not be a problem.

The main issue is not where you create the movie for us, it is what you do with movies that use the music. You own them for sale and distribution, but you cannot offer re-sale or re-distribution rights.


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flashman
post Dec 1 2009, 5:02 PM
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QUOTE (kv @ Nov 30 2009, 08:56 PM) *
If I am reading right the short message is that you can use the music only on moviestorm movies, or movies containing moviestorm, you can not try to sell the music, you cannot use the music in movies that are not moviestorm based, you cannot use the music within a music track that is not accompanied by a moviestorm movie.

However you can use the music in an external application if you do your moviestorm post production in one, but again the music must be accompanied with moviestorm created video.

I think you can use the music if your using cross platform created movies ie: Iclone and Moviestorm, The Movies and Moviestorm, as long as the movie contains a decent amount of moviestorm content.

Hope I got that right.



That sounds good enough for me.


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Robear
post Dec 3 2009, 2:41 AM
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Thanks Andrew.

I think you have helped to clear this issue up nicely for me, and I hope for others.
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