GarageBand is a digital audio program for macOS and iOS devices that allows users to create music.

Question

It comes with a sound library that includes realistic instrument sounds and thousands of loops (beats) from popular music genres. You can plug in your own instrument to create music or use the sound bites, loops and effects to mix your own track.

Listen to an example here.

The following is an excerpt from GarageBand’s Software Licensing Agreement. After reading, decide whether the scenarios below are examples of creations that are original or are not original. Explain why you chose your answers.

GARAGEBAND SOFTWARE LICENSE AGREEMENT

Except as otherwise provided, you may use the Apple and third party audio loop content (“Audio Content”), contained in or otherwise included with the Apple Software, on a royalty-free basis, to create your own original soundtracks for your video and audio projects. You may broadcast and/or distribute your own soundtracks that were created using the Audio Content, however, individual samples, sound sets or audio loops may not be commercially or otherwise distributed on a standalone basis, nor may they be repackaged in whole or in part as audio samples, sound libraries, sound effects or music beds.

Scenarios:

Jill takes the loop called Cascading Echo Synth and attempts to sell it.

Felecia mixes a few of the audio loops and adds her own vocal track on top of it. She sells this song on iTunes.

Robert is preparing for an upcoming DJ contest in which tracks used must be original. He uses audio loops and sound effects provided by GarageBand to create techno beats that he will use for this event.

Max includes some of GarageBand’s audio loops in his own music software that also allows users to create music.

Answer 1

Let’s analyze each scenario based on the provided Software Licensing Agreement for GarageBand to determine whether the creations are original or not:

1. Jill takes the loop called Cascading Echo Synth and attempts to sell it.

   • Not Original. Jill's action of selling the audio loop as a standalone product is a direct violation of the licensing agreement, which clearly states that individual samples, sound sets, or audio loops may not be commercially distributed on their own. Since she is selling something that is part of the GarageBand content without adding her own original elements or context to it, this is not an original creation.

2. Felecia mixes a few of the audio loops and adds her own vocal track on top of it. She sells this song on iTunes.

   • Original. Felecia is creating an original work by mixing loops and adding her own vocal track. The licensing agreement allows users to create their own original soundtracks using the available audio content. Since she has combined the loops with her own unique vocal contributions, this qualifies as an original creation, and it is permissible for her to sell the final track as she has transformed the audio loops into something new.

3. Robert is preparing for an upcoming DJ contest in which tracks used must be original. He uses audio loops and sound effects provided by GarageBand to create techno beats that he will use for this event.

   • Not Original. If the DJ contest requires that tracks must be original, then using audio loops and sound effects provided by GarageBand does not fulfill that requirement. The creation is based on pre-existing content, which means it is not considered an original composition for the purposes of the contest. He should create entirely new sounds or modify the loops significantly to meet the contest’s original requirement.

4. Max includes some of GarageBand’s audio loops in his own music software that also allows users to create music.

   • Not Original. Max is violating the licensing agreement by incorporating GarageBand’s audio loops into his own music software. The agreement prohibits the repackaging or distribution of individual samples or sounds, meaning he can't take these loops and repackage them for use in his own product. Therefore, this scenario does not constitute an original creation as it violates the licensing terms.

In summary:

• Jill and Max do not create original works due to the nature of their use of the audio loops.
• Felecia creates an original piece by combining loops with her unique contributions.
• Robert's use of loops also does not meet the criteria for originality required by his contest.