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Old 11th July 2019
  #300
Quote:
Originally Posted by Squawk View Post
Here’s a real world example of the ****storm headache that can happen with sample libraries. This is a potential scenario that I think has been mentioned earlier, but is now playing out... it can bite you in the ass.

Beware When Using Sample Libraries
this is a great real world example of what I'm talking about...

but in this example, WA Productions is the owner of the infringing material and has to resolve the problem with the product and financially compensate Extreme for the violation.

The way splice is different... they say they aren't responsible for anything and give the contact info they have for the content creator over to the lawyer. So there is never any incentive for Splice themselves to police and do a "deep dive" check on the product they are selling. If they only released sample packs from "reputable" companies that do a lot of vetting and checking on their own, then no problem. But they aren't. Some of what they sell is that. But even on Splice Sounds there are individual content creator "artists" who create directly for Splice. there is no company/publisher there vetting anything the creator creates.

From a marketing standpoint they are trying to be perceived like a traditional source of content no different than an Ilio, EastWest, Big Fish Audio, etc... But behind the scenes/under the hood they are merely operating like a marketplace with no legal responsibilities to the IP they are selling.

When you buy a defective Samsung Phone that catches on fire randomly, and you bought it from Walmart... Is it Walmart's responsibility and negligence that the phone catches on fire or is it Samsung? If you buy a book from Amazon and the book plagiarized another book, is it Amazon's fault or the original publisher of the book? But what if there was no "publisher"? what if amazon just took the unchecked manuscript from a writer and released it themselves? Amazon then becomes the publisher technically, but is not looking at themselves as having the legal responsibility a publisher normally has, because they are just an eMarketplace and are selling the book for the author. But the author isn't a publisher... and Amazon in this scenario is claiming to not be the publisher... so who is legally responsible for checking the work for infringement???

As the consumer, people are assuming Splice is the owner/publisher and has been vetting their material because we think splice is the one producing the material and owns it, but that is not the case. Splice is not vetting any of the material and they are taking material from people that are infringing the copyrights of others and these creators don't realize it's illegal, or do realize it but think they won't get caught.

I've had a composer turn in a track before where the entire main 4 bar acoustic guitar riff was from an Otmar Leibert album. But Otmar is kind of new age/smooth jazz and this track the composer made was more hiphop/urban. When I figured it out and called the composer out on it, he literally said "wow man, I am shocked you caught that. I didn't think anyone would know that track. How did you know that song? You must be some kind of music encyclopedia or something?!!? Damn, well... ok... I'll swap out that guitar with something else..." Uh, no... your done. Don't bother. contract cancelled. Never call me again, thanks!

The composer knew it was an infringement. But he went ahead with it anyway because he thought nobody would notice and he would never get caught!!!... but you know who would definitely notice it when it was used in a famous film, TV show or national/international Ad???? Otmar Leibert, his label and his publisher, that's who!! And you can be sure they would sue like crazy over it (as they rightfully should)!!!

Same goes for sample/loop creators... there are some out there who either don't understand copyright law or just don't care, and think because of what they are doing to a sample or how small the snippet is or because of the part of the song they sampled that they won't get caught. that is why there needs to be some sort of stopgap to check for infringements and stop them before they are ever released. I know from working with guys from Spectrasonics and Big Fish Audio, they do extensive checking of every piece of audio they are preparing to release. That doesn't mean something isn't going to slip past them... but that at least means they will catch a lot, and so the risk of something bad happening (copyright-wise) when using them is low.