Damn. This is very unfortunate for a company to do. Why would they do this?
Buying sample packs from them would be concerning. Most of them I can’t see being royalty free after looking…
My other concern. I hope when they use the Likes of J Dilla, Ras G, MF Doom to sell the screen savers. There’s no where on the site that lets you know that half of your purchase is going to their family. That’s what should be done. Using their image to sell that but not support the family. Questionable to me.
Also the 40% fee. Makes me think that they actually don’t do it for the culture like they say.
Have they responded? I was just in communication with them about OT skins. This is very concerning if true. If it is, spreading the word will certainly dent some of their sales. I personally won’t be considering any purchases until this is very clearly explained.
I just pm’d them asking if this is true and if not, they should join the convo and bring some context as OP has laid out a pretty clear case so far.
This forum isn’t a courtroom but I do hope we can hear both sides.
Here is his response so you don’t have to search :
Not sure what he meant by “stealing” the factory sounds from the author. Also don’t know why he would buy this guys sample pack when he has the machine and could’ve done it himself.
Unfortunately, not. Buying a sample pack lets you use those individual sounds in your composition. But you can’t sample the same individual one shots and repackage them saying new sample pack.
Look at any sample pack and it will tell you that.
“backhanded apology” is a type of statement that appears to express regret or apologize for something, but it’s delivered with the motiv to insult or attack the recipient.
My 2c: Best to be VERY careful alleging theft or copyright violation, particularly broad statements that might be based on assumption with no knowledge of the law or potential to do irrevocable harm to someone’s reputation or business.
Libel and defamation laws differ around the E.U. but usually the best first step is a politely but starkly legally worded letter directly to the party offending you, with some legal advice, and investigate what small claims court might have jurisdiction if reasonable settlement cannot be agreed.
Immediately going nuclear can sometimes backfire on the individual who might actually initially have had a fair case on some limited grounds with possible limited compensation, but sought instead to take down a whole business in response.
Plaintiff sampled factory sounds and alleges that Defendant is re-selling said samples. Defendant claims they resampled those samples. Arguably if they were resampled I feel like you could claim that’s an original work/transformation, especially if that resampling involved equipment/processing.
Plaintiff can’t claim ownership over the original ‘sound’ as they didn’t create it, their ownership is of the recording and the files themselves.
Defendant is sorry and has removed said sound-pack from their store. Plaintiff is satisfied with outcome. No damages awarded.
