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NiallJC says

Hi

I have noticed that some members advertising their work on Videohive sometimes use music from Audiojungle as their backing track, how does this work with regard to being allowed to use music in this manner ?

Do I need to purchase an Extended Licence or is it acceptable just to include a link to the music creators product ?

Many thanks

Niall

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Art-of-Sound says

AudioJungle preview files can be used in VideoHive previews upon giving a credit to the AudioJungle author and linking to the item’s page.

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NiallJC says

Hi

Thanks for your reply.

When you say Preview file, do you mean the version with the Audio Jungle sound bite through it ?

Would I have to contact the musician prior to using their music ?

N

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Art-of-Sound says

Yes, when I say ‘preview’ file I mean that watermarked MP3 128kbps file. It can be downloaded via the AJ player, BTW .
Contacting the musician certainly would be nice, but it’s not obligatory.

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NiallJC says

Does it have to be the Preview version ? Can I not purchase the music and use that ?

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Art-of-Sound says

You are more than welcome to purchase the music and use it in your work. Extended license would be required in this case, since the music is used in a work intended for resale. In any case, the audio file in your video preview should be watermarked in order to prevent possible ripping of the music and its unlawful reuse.

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TortoiseTree says

I know this may sound obvious, and I apologise if it does, but make sure you don’t include the actual music file in the zip file for your product. Embed it into your video, by all means, but don’t include the wav. or mp3 file as that robs sales off the AudioJungle author.

Not trying to be a nag, just protecting my fellow AudioJungle authors.

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NiallJC says

Hi Tortoise Tree

Yeah, that goes without saying – it will be made clear that the music is from a musician in Audiojungle and a link to their work.

Thanks

N

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SchwartzSound says

You are more than welcome to purchase the music and use it in your work. Extended license would be required in this case, since the music is used in a work intended for resale. In any case, the audio file in your video preview should be watermarked in order to prevent possible ripping of the music and its unlawful reuse.

Actually, I believe this is untrue in this case. The extended license, in all its clarity, states:

“You may license, sub-license, sell, resell or re-distribute the Work or offer to do any of these things (together referred to as Resale) in the following circumstances:

  1. the Work is incorporated into a larger work you have created; or
  2. if the Work is a template or software application, you use it alone to modify it and Resell it as an end product (that is, not as a tool, template, or stock item, and without source files); or
  3. you use the Work alone as a Limited Re-Purposing, but only if: ( A ) you first obtain the permission of the author of the Work; and ( B ) the Resale of the second work is only made on an Envato marketplace. A Limited Re-Purposing means that you use the Work alone and modify it for Re-sale as a tool, template, or stock item, or with source files.

The way I see it, even with an extended license, you can’t use an AJ track as such when the larger work it is incorporated into is being resold as a stock item, or any work where the source file is accessible. The only way you would be allowed to do this, is if you obtained express permission from the AJ author, and even then the video template must also only be sold on VH. Even if an author gave permission, I would make sure to also ask that it be made explicitly clear in the VH template that the track is only allowed to be used in conjunction with that specific template, and cannot be removed/reused elsewhere, though that would be hard to enforce.

Otherwise, if you think about it, a VH author could buy and include a $14 AJ track into a $15-$20 VH item, and it’s basically like giving it away for free, with no further benefits/sales for the author of the music. Not good.

In summary, simply use the watermarked preview audio file, and link back to the AJ item page. It’s a win-win.

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Art-of-Sound says
  • if the Work is a template or software application .......
  • you use the Work alone ........
  • To the best of my understanding, a video file is not a “template or software application” and he does not “use the Work alone”, therefore this paragraph is not applicable here.

    I also think that a watermarked preview is the best solution for such projects, but if someone wants to buy my music I won’t dissuade him.

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