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.

After reading, decide whether the scenarios below are examples of creation that are original or are not original. Explain why you chose your answers.

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


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.


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.


4. 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 information provided in GarageBand's Software Licensing Agreement.

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

   • Original or Not Original: Not Original
   • Explanation: Jill is trying to sell the audio loop itself, which is prohibited by the Software Licensing Agreement. The agreement clearly states that individual samples or audio loops may not be commercially distributed on a standalone basis. Therefore, this action does not result in 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 or Not Original: Original
   • Explanation: Felecia is creating a new work by mixing several audio loops and adding her own vocal track. As per the agreement, users can create their own original soundtracks using Apple and third-party audio loop content and may sell those soundtracks. Therefore, her song qualifies as an original creation.

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.

   • Original or Not Original: Not Original
   • Explanation: Although Robert is creating something with the audio loops and sound effects, the contest requires tracks to be original. Since he is using GarageBand's pre-existing loops, the beats he creates do not qualify as original in the context of the contest's requirements. The loops are not his own creation, making his submission potentially non-compliant.

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

   • Original or Not Original: Not Original
   • Explanation: Max is using GarageBand's audio loops in a way that violates the Software Licensing Agreement, which prohibits repackaging the audio loops in whole or in part as part of other products. This action would not be considered original, as it involves distributing copyrighted material without permission.

In summary:

• Jill: Not Original (selling loop).
• Felecia: Original (modified and sold original soundtrack).
• Robert: Not Original (using loops for a contest requiring original tracks).
• Max: Not Original (repackaging loops in music software).