Old 04-11-2015, 05:39 AM   #1
tramway11
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Default Question about commercial use of Reaper

Hello.
Can I use Reaper v4+ (or higher) for creating mp3 tracks with Native Instruments samples that can be used later for commercial purposes (Youtube, radio, Internet etc.)?
So does the commercial license allow this (freely publish recorded mp3 tracks on Internet (radio) and earn money on them, if NI samples are used)? Or it doesn't depend on what samples are used, and Reaper license allow to earn money on any samples on any tracks recorded within it?

Also:

if I have Reaper that has 60 days trial, if I make a work/track that requires more than 60 days, can I use my work created earlier than 60 days expiration date and pay money for program afterwards without any problems, so the track created within this period can be published as good? So I transfer money in some days after expiration date and use all my works created earlier.
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Old 04-11-2015, 09:00 AM   #2
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This page says:
Quote:
Fair Pricing
There is only one version of REAPER. We offer two licenses, depending on how you use it.

$225: full commercial license.
$60: discounted license.

You may use the discounted license if any of the following is true:

• You are an individual, using REAPER only for personal use.
• You are an individual or business, using REAPER for commercial use, and the yearly gross revenue does not exceed USD $20,000.
• You are an educational or non-profit organization.

MP3 licensing is separate.
Quote:
5) Do I need a license to distribute mp3 encoded content?

Yes. A license is needed for commercial (i.e., revenue-generating) use of mp3 in broadcast systems...

...However, no license is needed for private, non-commercial activities (e.g., home-entertainment, receiving broadcasts and creating a personal music library), not generating revenue or other consideration of any kind or for entities with associated annual gross revenue less than US$ 100 000.00.
Also note that the LAME MP3 encoder is licensed separately from MP3 music distribution. If you downloaded LAME to use with REAPER your LAME encoder is NOT LICENSED. But AFAIK, no one has been sued or arrested for USING an unlicensed encoder, only for DISTRIBUTING an unlicensed encoder. Note that Cockos does not distribute LAME, they only tell you where to find it.

I've never seen LAME being sold as a licensed stand-alone encoder but applications such as dBpoweramp and some DAWs come with fully-licensed copies of LAME.

I don't know anything about NI licensing. But, with most virtual instruments you usually have the right to sell/distribute music you create with the virtual instrument. Same with any effect plug-ins that you use. (Assuming the software isn't pirated.)

Quote:
if I have Reaper that has 60 days trial, if I make a work/track that requires more than 60 days, can I use my work created earlier than 60 days expiration date and pay money for program afterwards without any problems, so the track created within this period can be published as good? So I transfer money in some days after expiration date and use all my works created earlier.
Don't worry... I'm sure you can consider your license "back-dated" to the start of your trial period.

...I'm not a lawyer, but as I read it, there are no limitations or restrictions for the 60-day trial. If you produce your song in 60 days, delete REAPER, and then sell a million copies, as far as I can tell you are not required to pay for REAPER. And, it's not in Cockos' "nature" to sue you anyway...

Last edited by DVDdoug; 04-11-2015 at 09:17 AM.
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Old 04-11-2015, 10:15 AM   #3
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Thanks.
So if I save my track as WAV in Reaper, and then as MP3 in Audacity for example, then I don't do anything with Reaper's LAME? As I know, to get MP3 from Reaper is not the only way by LAME. Firstly WAV, then MP3.
About MP3 licensing - it's needed in any country? How it's done usually? If I want to earn on Youtube video with MP3 (but maybe wav better?) how must I do it (in Russia)?
Can representatives of Reaper say what I must do if I have my works in Reaper and 60 days trial is coming to the end? Can I use it some time and pay later?
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Old 04-11-2015, 11:26 AM   #4
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delete REAPER, and then sell a million copies,
Nobody is that silly

-Michael
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Old 04-11-2015, 12:26 PM   #5
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Also about earning on mp3s. What's the best (standard) way today to earn on mp3 recorded? What's full procedure and laws (does it depend on what I'm in Russia)?
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Old 04-11-2015, 03:37 PM   #6
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MP3 is a patented technology originally invented by the German company Fraunhofer. They license their technology to software / hardware vendors worldwide, through the French company Technicolor (not sure if they are related to the "technicolor" coloring of movies which emerged in the previous century). If Reaper were to license the technology it would bump up the price of Reaper which is presumably why Cockos decided not to do it. The LAME encoder is a free version of the encoder, I believe it's for non commercial use only but am not sure on that. There are hundreds of official licenses of the technology, if you use a product of any of those companies you're fine.

http://mp3licensing.com/help/developers.html
http://mp3licensing.com/licensees/index.asp
http://mp3licensing.com/about/thm.html

Then, as a practical matter, if you are in Russia, the odds of the authorities taken legal action for breach of copyrights of a foreign company are probably very small ... but kudos to you for taking the high road, and if you produce commercial music or sound at some point you'll have to sign an agreement that represents that everything you do is fully legal and licensed and does not breach any third party rights. If you want to go down that route best thing to do really is make sure you're always fully legal and licensed (I got a commercial license right from the start even though by the present licensing terms I shouldn't have to as my music biz revenues is well below the contractual threshold).
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Old 04-11-2015, 03:53 PM   #7
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Quote:
Originally Posted by tramway11 View Post
Can I use Reaper v4+ (or higher) for creating mp3 tracks with Native Instruments samples that can be used later for commercial purposes?

Or it doesn't depend on what samples are used, and Reaper license allow to earn money on any samples on any tracks recorded within it?
It does depend what samples you use, and their specific licensing to you.

Just because you pass material through a commercial license of Reaper, doesnt mean youre allowed to use any sample you want commercially.
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Old 04-11-2015, 07:13 PM   #8
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The truth is there are very few instances in which you as the artist/engineer will be selling an MP3 to someone as your product. The more likely scenario is that you deliver a higher fidelity copy of the audio to a website that will convert and then literally sell the MP3 to someone. They have the responsibility for that licensing fee.

Really the only time this sort of licensing cost makes it's way down to us as content creators is when a software maker wants to include the fraunhofer MP3 codec and thus pays licensing for it. Does anyone remember the old paid upgrade to export MP3 files from PT?
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Last edited by plush2; 04-11-2015 at 07:15 PM. Reason: I see now that peter5992 covered some of this already in his post.
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Old 04-12-2015, 11:05 AM   #9
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Thanks to all.
I can save the Reaper output as WAV, and then as MP3 in other program, yes? Audacity for example. Then I won't have to do anything with Reaper's LAME.
Then I get result as WAV, which I can use for example for audiostocks, which require usually hifi version. And I have nothing to do with MP3, yes? So I mustn't to license anything?
So being in Russia, I have nothing to do with MP3 and other countries laws, yes?
I wrote to NI a letter, they say that I can use the samples for commercial use.

But for Youtube - how can I earn on my track? Must I license anything? I can use also WAV.

I want to create a video with my music.

Last edited by tramway11; 04-12-2015 at 11:16 AM.
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Old 04-12-2015, 11:57 AM   #10
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Quote:
Originally Posted by tramway11 View Post
Thanks to all.
I can save the Reaper output as WAV, and then as MP3 in other program, yes? Audacity for example. Then I won't have to do anything with Reaper's LAME.
Then I get result as WAV, which I can use for example for audiostocks, which require usually hifi version. And I have nothing to do with MP3, yes? So I mustn't to license anything?
So being in Russia, I have nothing to do with MP3 and other countries laws, yes?
I wrote to NI a letter, they say that I can use the samples for commercial use.

But for Youtube - how can I earn on my track? Must I license anything? I can use also WAV.

I want to create a video with my music.
whooo ... that are a lot of complicated questions.

it doesnt matter with which program you use the lame-encoder. its always the same: the lame-encoder.

you mustnt license anything regarding making mp3. I sell stuff through the potatosystem, and that is orginally founded by Fraunhofer Institut. never ever anyone had any questions about how the mp3s were encoded. the lame-encoder is distributed through sourceforge.net, the license is

---
GNU Library or Lesser General Public License version 2.0 (LGPLv2), GNU General Public License version 2.0 (GPLv2)
---

that means: open source. freeware, you dont have to pay for the encoder. and it isnt possible to held you responsible for making mp3s with that encoder. so you are safe. (beside the fact, that Vladimir P. from Moscow has at the moment other things on his mind ... I bet, if he could harm a German company such as Fraunhofer in letting you encoding mp3s and distributing them, he would be lucky as hell ... maybe he makes you then a national hero for that?? )

other countries ... thats way more complicated. the internet knows no countries (John Lennon would like it ... "imagine theres no countries ..."), but you have to deal with the law in countries in which your mp3s are available. but not because of the used software or the encoder, because of copyrights. but thats a complete different story and has nothing to do with wav, mp3, lame, Reaper or such.

I assume you have composed the music yourself. then you are set. you declare against the publisher that the music is yours. (how to get royalties from airplay is again another story.)

you shouldnt mix up all the different topics, as they have mostly nothing to do with one another.

and in Russia ... you are fine. (beside all that bullshit that is going on there ... )
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Old 04-12-2015, 11:58 AM   #11
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For earning on youtube you just need to go through their monitization process. Unless the audio used in the video is found to be copyright infringing, nothing is going to happen.

You can upload any quality of audio/video you want, youtube is going to convert it to their own multi-resolution quick-loading format anyway.
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Old 04-12-2015, 01:40 PM   #12
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Do I need to register track at Russian RAO for this?
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Old 04-12-2015, 01:42 PM   #13
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For earning on youtube you just need to go through their monitization process. Unless the audio used in the video is found to be copyright infringing, nothing is going to happen.

You can upload any quality of audio/video you want, youtube is going to convert it to their own multi-resolution quick-loading format anyway.
So the track is under USA laws? It's only music with video. Do Russian laws have anything to do with this?
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Old 04-12-2015, 01:47 PM   #14
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Quote:
you shouldnt mix up all the different topics, as they have mostly nothing to do with one another.
So, being a resident of Russia what must I do to perfectly create a video for Youtube that can make me money if I record my own music with Reaper (MP3 or WAV) - for music can be heard worldwide or some countries where it's possible?
With samples all is OK.
What laws must I know as publisher?
Assuming the Reaper and NI is licensed, and content is fully ok for Youtube.
And the format can be WAV for Youtube or Mp3 (if LAME)
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Old 04-12-2015, 01:54 PM   #15
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you should register your copyrights with the ROA (at least I think that is the russian institution that collects royalties?).

then you are set. you must not do that, you will have a agreement with youtube. but if you get airplay in another country or in Russia, you will not be able to collect the royalties for that. american law is of no interest for you. if you get a lot of airplay the royalties for that will be collected by the ROA all over the world. you dont need to bother about any country.
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Old 04-12-2015, 02:48 PM   #16
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Originally Posted by tramway11 View Post
I can save the Reaper output as WAV, and then as MP3 in other program, yes? Audacity for example. Then I won't have to do anything with Reaper's LAME.
You do know that Audacity uses LAME also, don't you?


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Old 04-13-2015, 06:36 AM   #17
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Originally Posted by bluzkat View Post
You do know that Audacity uses LAME also, don't you?


Yes, now I'm sure. So unless I didn't earn any money on my track, it's noncommercial use? If I put track to the Web sites, and people hear it - it's noncommercial (if I earn no money on that)? And then MP3 can be used freely without licensing?
So 100% LAME is FREE for commercial use as it's GNU License or it's not free for commercial use? How to know that?

http://lame.sourceforge.net/license.txt - says that I can.
So music produced with Reaper and LAME or Audacity and LAME is free for commercial use?

Also if I put music recorded with Reaper to the Web but without making money on it directly (people don't have to pay) it's noncommercial use (the fact that the track is getting famous and people can find me in the Web is commercial use?) ?

Last edited by tramway11; 04-13-2015 at 06:42 AM.
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Old 04-13-2015, 06:41 AM   #18
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I think you are overthinking this by far. make your mp3s, use lame for encoding and all is fine.
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Old 04-13-2015, 06:52 AM   #19
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you should register your copyrights with the ROA (at least I think that is the russian institution that collects royalties?).

then you are set. you must not do that, you will have a agreement with youtube. but if you get airplay in another country or in Russia, you will not be able to collect the royalties for that. american law is of no interest for you. if you get a lot of airplay the royalties for that will be collected by the ROA all over the world. you dont need to bother about any country.
Yes, RAO collects royalties. But need I deal with them if I put track to Youtube? It's Google's... The fact of publication by itself doesn't set copyrights automatically? Firstly I want to put the track to Web, not airplay (radio).
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Old 04-13-2015, 07:58 AM   #20
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youtube - google - doesnt matter.

your copyrights are set by nature. in case you have to prove it, thats the problem. and that can be done by ROA. and ROA collects the royalties. you cant control every radio station in the world of using your song. that does ROA.
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Old 04-13-2015, 08:10 AM   #21
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So with WAV, Reaper's commercial license and NI samples (that are free for comm. use) it's all OK to load a track to Youtube, if music, photos and words are mine? If they don't use mp3 inside it's all ok, or it's their liability. Yes?
But Russian's Authors Society registry is needed for Youtube?
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