Sunday, December 1, 2013

Magix Music Maker and EULA Terms of Service

Doing the right thing can be irritating especially when you pay cash money to do the right thing and then find out you might not be able to do the thing at all. I'm not just jumping in and out of vague linguistically hoops.

I want music in my videos.

I don't want to be bothered by the freaking DCMA copyright boogie being. I believe in right livelihood and fair compensation. It happens that I got an e-mail from a software vendor, Magix, stating that I can purchase at a reduce price Video Sound Cleaning Lab 2014 and Music Maker Soundtrack Edition.

I am not a musician but this would give me an opportunity to play with a consumer level music program. My intention would be to mix and match installed soundtracks or public domain tracks into something transformative.

So why have I got my panties in a bunch? This section of the Terms of Service:

The music, video and photo files included with MAGIX products may only be used within the scope of producing personally created works to be used for non-commercial purposes. This also applies to music, video or photo data acquired through or by means of MAGIX products. Commercial use constitutes receipt of financial benefits through direct or indirect use of the files (through sale, licensing, ad banners, etc.)

No, no...what? The name of the program is Music Maker Soundtrack Edition. There is an implication that the music would be used in some kind of audio/video environment.

There is also this thing called social media. There are ads all around most of the social media services that I do not benefit from. (I wish I could make them go away but I do have an understanding that they support the service.)

I don't directly receive financial benefits. But I do benefit by using the services. So, after I stop hyperventilating I need to do some investigating.

License of Property

It should go without saying that I fully understand that I cannot take the tracks from the software program and sell them as my own. There are people in the world that do not understand that they cannot do that. That is wrong. That is theft of product and services. Moving on.

Social Media Use

In the End Users License Agreement it has a specific term about about the the use of the works. Non-commercial. So I can envision that traditional teachers, educators, video hobbyists that have never heard of the Internet can use the music tracks in projects.

Non-commercial YouTubers/Vimeo users can also use the tracks. In the product brochure it states that you can upload to Soundcloud, Facebook and YouTube.

Problem Solved? No.

Because I, someday, might want to create a commercial video. I am not one to turn down flowing cash money.

For example, I post a video about Mookie dancing in the street. I know not to use copyrighted music so I conjure up a tune using the installed musics tracks. I mix, match, slice and dice until I get my song just right.  The world goes crazy about Mookie and I flip the switch and make some profit.

Ah, there is a clause for that:
7. Claim for damages: MAGIX is entitled to proprietary and copyright protection for the licensed software as well as the music and video files. Anyone responsible for any violations against such rights may be sued by MAGIX.

Oh, by the way, The headquarters of this company is in Germany. So who's copyright law would I be subject to?

I have options:
  1. Investigate further to see if there is a additional statements about the use of the music in videos that could be leaning toward commercial use.
  2. Do not install the software and see if I can get my money back.
  3. Use the software but find other music sources to use instead of the ones supplied by Magix
 I'll let you know what I find out.

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