As far as I can tell, this is the License Agreement which applies to BA Animation's use of the various Sound Ideas libraries (both Music and Sound Effects) on Cyclops.
I'll summarize what I see as the interesting points for us.
(a) You (the student film-maker) "have the right to synchronize the audio content from any Sound Ideas royalty free product with audio and/or visual productions... • film, video, DVD & TV productions • television presentations & commercials • Web pages • live performances..." etc etc.
Sounds like we can use the music & sounds in our films, for just about any purpose, for as long as we want. Note, it must be in a the context of sound SYNCHRONIZED to picture.
(b) We CANNOT add instruments or lyrics to any music, without prior consent of Sound Ideas. We rarely do this, but it's good to know.
(c) We have a responsibility to inform Sound Ideas of "either broadcast or non-broadcast productions that are eligible for documentation by Performing Rights associations"
If we have such an event (basically a TV broadcast is the most likely and important one) "said music use should be reported to your local Performing Rights society and Sound Ideas."
This is so that the Performing Rights payments will be made to the composer (or Sound Ideas.) This applies to music only, not to Sound Effects.
This means that if you (the student film-maker) get a TV broadcast or other event for your film where performing rights would normally be paid, you must tell Sound Ideas and the local Performing Rights Organization (PRO) about it.
In Canada, the PRO is known as the Society of Composers, Authors and Music Publishers of Canada (SOCAN.) They can be reached here - http://www.socan.ca/contact Sound Ideas can be reached here - http://www.sound-ideas.com
In practical terms, this means that you must keep track of the following information about the music used in your film:
a) What is it? - Track Name, CD number, Collection Name, etc. You can get this info from Cyclops by searching for your music filename.
b) How much did you use? 30 seconds? A minute? Two minutes?
c) What is the nature of the broadcast event? Where did it occur and when?
I think that summaries the details and legal rights and responsibilities that BA animation students incur by using music (and to a lesser extent sound effects) from Cyclops.
Note that if your film stays within the College, none of this applies, and you are under no obligation to report any use.
If you're interested, below is the exact text of the License Agreement, as given on Sound Ideas website. It was taken from this web location: http://www.sound-ideas.com/pdf/end-user-license-agreement.pdf
===========================================================
SOUND IDEAS END USER LICENSE AGREEMENT
TERMS AND CONDITIONS
Sound Ideas royalty free products are sold to you with a lifetime non-transferable worldwide license for synchronization rights only. By accepting any Sound Ideas royalty free products, you acknowledge and agree to the stated terms, conditions and limitations of use. In the event of a breach of this License Agreement, action may be taken against you directly by the owner of the copyright.
Sound Ideas products must be purchased directly from Sound Ideas or one of its authorized Distributors. Unauthorized resale of Sound Ideas products is prohibited.
RIGHTS GRANTED
You have the right to synchronize the audio content from any Sound Ideas royalty free product with audio and/or visual productions or applications such as • film, video, DVD & TV productions • training, marketing and trade show presentations • corporate videos & educational applications • on hold messages & advertising • radio presentations & commercials • television presentations & commercials • live performances • speech & audio book products • Web pages & multimedia presentations • Online streaming and video broadcast sites such as Youtube • Social Media such as Facebook and Twitter • PowerPoint & Flash productions • interactive programs & computer games & synchronized content for Apps • AV & computer generated displays, podcasts (all such applications hereinafter referred to as "the Production"). You may create copies of the Production. If you sell, lease, give away or otherwise distribute copies of the Production, the rights and limitations to Sound Ideas synchronized audio content as outlined in this End User License Agreement are in effect for the life of the Production and pass automatically to the End User of the Production. All rights not expressly granted herein are reserved.
LIMITATIONS
Copyright infringement is a serious offence. Sound Ideas protects its copyright by all necessary means, including legal action. You are not authorized to:
I'll summarize what I see as the interesting points for us.
(a) You (the student film-maker) "have the right to synchronize the audio content from any Sound Ideas royalty free product with audio and/or visual productions... • film, video, DVD & TV productions • television presentations & commercials • Web pages • live performances..." etc etc.
Sounds like we can use the music & sounds in our films, for just about any purpose, for as long as we want. Note, it must be in a the context of sound SYNCHRONIZED to picture.
(b) We CANNOT add instruments or lyrics to any music, without prior consent of Sound Ideas. We rarely do this, but it's good to know.
(c) We have a responsibility to inform Sound Ideas of "either broadcast or non-broadcast productions that are eligible for documentation by Performing Rights associations"
If we have such an event (basically a TV broadcast is the most likely and important one) "said music use should be reported to your local Performing Rights society and Sound Ideas."
This is so that the Performing Rights payments will be made to the composer (or Sound Ideas.) This applies to music only, not to Sound Effects.
This means that if you (the student film-maker) get a TV broadcast or other event for your film where performing rights would normally be paid, you must tell Sound Ideas and the local Performing Rights Organization (PRO) about it.
In Canada, the PRO is known as the Society of Composers, Authors and Music Publishers of Canada (SOCAN.) They can be reached here - http://www.socan.ca/contact Sound Ideas can be reached here - http://www.sound-ideas.com
In practical terms, this means that you must keep track of the following information about the music used in your film:
a) What is it? - Track Name, CD number, Collection Name, etc. You can get this info from Cyclops by searching for your music filename.
b) How much did you use? 30 seconds? A minute? Two minutes?
c) What is the nature of the broadcast event? Where did it occur and when?
I think that summaries the details and legal rights and responsibilities that BA animation students incur by using music (and to a lesser extent sound effects) from Cyclops.
Note that if your film stays within the College, none of this applies, and you are under no obligation to report any use.
If you're interested, below is the exact text of the License Agreement, as given on Sound Ideas website. It was taken from this web location: http://www.sound-ideas.com/pdf/end-user-license-agreement.pdf
===========================================================
SOUND IDEAS END USER LICENSE AGREEMENT
TERMS AND CONDITIONS
Sound Ideas royalty free products are sold to you with a lifetime non-transferable worldwide license for synchronization rights only. By accepting any Sound Ideas royalty free products, you acknowledge and agree to the stated terms, conditions and limitations of use. In the event of a breach of this License Agreement, action may be taken against you directly by the owner of the copyright.
Sound Ideas products must be purchased directly from Sound Ideas or one of its authorized Distributors. Unauthorized resale of Sound Ideas products is prohibited.
RIGHTS GRANTED
You have the right to synchronize the audio content from any Sound Ideas royalty free product with audio and/or visual productions or applications such as • film, video, DVD & TV productions • training, marketing and trade show presentations • corporate videos & educational applications • on hold messages & advertising • radio presentations & commercials • television presentations & commercials • live performances • speech & audio book products • Web pages & multimedia presentations • Online streaming and video broadcast sites such as Youtube • Social Media such as Facebook and Twitter • PowerPoint & Flash productions • interactive programs & computer games & synchronized content for Apps • AV & computer generated displays, podcasts (all such applications hereinafter referred to as "the Production"). You may create copies of the Production. If you sell, lease, give away or otherwise distribute copies of the Production, the rights and limitations to Sound Ideas synchronized audio content as outlined in this End User License Agreement are in effect for the life of the Production and pass automatically to the End User of the Production. All rights not expressly granted herein are reserved.
LIMITATIONS
Copyright infringement is a serious offence. Sound Ideas protects its copyright by all necessary means, including legal action. You are not authorized to:
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Make copies of any of the unsynchronized recordings contained within our royalty free products, except as may be designated to
a single stand alone workstation for the sole purpose of specific audio and / or visual synchronization at your own facility. You are only licensed to keep one copy of the audio content on one stand alone workstation at any given time unless otherwise directly licensed by Sound Ideas.
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Copy, duplicate, provide access to, sell, lease, loan or give away unsynchronized sounds from any Sound Ideas royalty free
product by any means including the World Wide Web, streaming audio or any delivery method now known or which shall become
known.
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Transfer, re-record, copy or duplicate any Sound Ideas royalty free product, in whole or in part, for any purpose not authorized
under this End User License Agreement without express written authorization from Sound Ideas. You may not transfer any
Sound Ideas royalty free product, in whole or in part, electronically or via any peer to peer file sharing program, FTP site, service
bureau operation, DRS, computer network or in any way not expressly allowed by Sound Ideas.
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Provide remote access to unsynchronized sounds from any Sound Ideas royalty free product to any location remote from your
licensed address without a valid Remote Access License issued directly to you for this specific purpose by Sound Ideas.
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Provide sounds from any Sound Ideas royalty free product in whole or in part as mobile telecom audio content such as ring
tones, ringback tones, soundscapes, multimedia messaging services (MMS), voice messaging, audio enhancements, greeting
mail services, or other content applications now known or which shall become known, without a valid license issued directly to
you for this specific purpose by Sound Ideas.
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Provide Sound Ideas royalty free products in whole or in part as unsynchronized content within other mobile communications or
entertainment applications, such as iTunes Apps, or as unsynchronized content offered in software packages.
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Provide Sound Ideas royalty free products in whole or in part within retail toys, electronic sampling products or program chips.
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Sell or otherwise dispose of computers, hard drives or discs or any other electronic storage media which contains Sound Ideas'
proprietary sounds or music (Sounds) unless all the Sounds have been deleted. All Sounds maintained on any computers, hard
drives, discs or any other electronic storage media must be deleted before the transfer or sale of any computer, hard drive or
disc that contains any Sound Ideas proprietary materials.
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Change or alter in any way an original music composition owned or represented by Sound Ideas (for example, by adding
instruments or lyrics) without the prior written consent of the owner.
PERFORMING RIGHTS
With respect to any music compositions that may be included in any Sound Ideas royalty free product, this License does not include Performing Rights. Performing Rights represent the entitlement of music composers and publishers to benefit from the public performance of their compositions. Performing Rights societies like ASCAP and BMI in the United States and SOCAN in Canada, as well as many more around the world, have been established to collect and fairly distribute Performing Rights fees to music composers and publishers. If you use any musical compositions contained within any Sound Ideas royalty free product for either broadcast or non-broadcast productions that are eligible for documentation by Performing Rights associations, said music use should be reported to your local Performing Rights society and Sound Ideas. You agree to promptly furnish Sound Ideas with a complete and accurate music cue sheet for any production that is broadcast on television or distributed theatrically. Such cue sheet shall correctly identify the copyright owner, publisher, song title, and length of use for all Music licensed from Sound Ideas. Additional information about eligible music uses and cue sheets for music reporting are available from Sound Ideas.
WARRANTY
Sound Ideas warrants that your use of Sound Ideas royalty free products in accordance with this License does not infringe on any third party proprietary rights.
LIABILITY
Sound Ideas accepts no responsibility for any loss of business or business profits resulting directly or indirectly from the performance of any Sound Ideas royalty free product. Sound Ideas’ liability is limited and restricted solely to replacement at no charge of the Sound Ideas royalty free product in question.
Sound Ideas
105 West Beaver Creek Road, Suite 4, Richmond Hill, Ontario Canada L4B 1C6
Telephone: (905) 886 5000 Fax: (905) 886-6800 Toll Free: US 1-800-387-3030 Canada 1-800-665-3000 Email: info@sound-ideas.com http://www.sound-ideas.com
Mark:102113
