A) Do I own the rights to Audio Recordings I make with Wotja 20?
- Subject to B) below, and DO read ALL the sections of this FAQ that are relevant to you as there are a couple of (obvious) caveats relating to Compositions and the use of 3rd party content in Recordings (see the Overview - Copyright and Ownership).
B) Can I use those Recordings commercially (Commercial Use of Recordings)?
- Artist Use (Pro Feature Set required):
- From the Wotja 20 EULA:
- "Recordings made with a 'Pro' Feature Set active at the time of recording may be used for Personal Use or Personal Commercial Use ("Personal Commercial Use")"
- As an Artist, a Pro Feature Set covers you for your own (Artist) use of Recordings on YouTube, track releases, CDs, videos, podcasts, websites etc.
- Business Use (both Pro Feature Set AND relevant Special Options Subscription required, as below):
- From the Wotja 20 EULA:
- "Recordings made with both a 'Pro' Feature Set AND the relevant Special Options Subscription Tier active at the time of recording may be used by Businesses for Commercial Use ("Commercial Use") for any purpose except for inclusion in competitive or potentially competitive apps, games, software or interactive applications or as add-on content for the foregoing all of which is specifically prohibited unless otherwise agreed (get in touch if you have such a requirement)."
- Examples where Recordings might be used by business: Films, videos, documentaries, ads, websites, podcasts, shops, public events, library music etc.
- There is no continuous Subscription requirement and the Special Options Subscription can be cancelled at any time after the Recordings are made.
How did we arrive at this simple solution?
A key goal of ours has always been to have a Pro Feature Set that is as low a cost as possible for Artists and for it to allow Commercial use of Recordings by Artists.
We achieved that by putting in place a range of "Special Options" Subscriptions for businesses and these make it easy for them to "self-administer" the necessary licenses for both Live Use (LU) and/or Commercial Use of Recordings.
The above Subscriptions can also be purchased by customers who feel they are getting exceptional value from Wotja (i.e. 'Super-fans'). When used like that they act as a kind of tip-jar mechanism and are of course entirely voluntary and easy to cancel at any time. The app development landscape is very challenging and being a Super-fan who is willing to give us a bit more can help us survive in it - we massively appreciate anyone who does this!
Overview - Copyright and Ownership
Use of our Wotja 20 apps and content is covered by the Wotja 20 End User Licence Agreement (EULA) which also references the Intermorphic Pak EULA. Please note that we cannot give any legal interpretations whatsoever of our EULA or of Intellectual Property law and that includes, for example, how it pertains to copyright. If you feel you need such guidance you will need to ask a lawyer. As a general rule tread carefully and always respect the rights of 3rd parties.
Note: This FAQ concerns use of Recordings. For "Live Use" see Can I use Wotja for Live Use (LU)?.
Copyright and ownership is a very, very, very complex area, and, as we said above, we are not lawyers.
Wotja is primarily a Generative Music System meaning it can use generative (i.e. randomization) techniques to generate music, MIDI, melody and text ideas that you record/save for later use. HOWEVER, 3rd Party Content can also be used in Wotja, and use of that requires special care.
The key thing to understand is that there are different rights in Recordings and Compositions.
Whilst copyright in the Recordings you make of the output of a generative music system like Wotja (e.g. audio/MIDI/video/text) might seem simple and straightforward, it is a much more complex issue than you might imagine, especially when it comes to the rights in Compositions (e.g. melodies, the music composition, MIDI etc). For a quick overview we strongly recommend you have a look at https://www.gov.uk/government/publications/copyright-in-sound-recordings/copyright-in-sound-recordings.
Intermorphic does not assert or claim any any copyright in Recordings of or Compositions you may make with Wotja using the included generative Templates and/or suitably modified generative Templates (see 'Using Templates that include Patterns' below) or the included Word Banks or Word Database.
Subject always to the disclaimers on 3rd Party Content and Compositions below you may use them Commercially provided you comply with the terms in our EULA and Intermorphic Pak EULA and have a paid-for "Pro" app or active "Pro" [at time of recording] and any required/relevant "Special Options" Subscription. If you do not have an above Pro license then you can still use them for Personal Use. See Clause 7 in our Wotja 20 EULA.
Whatever the output of Wotja and whatever you do with it, it is entirely up to you and you alone to ensure that you do not infringe anyone else's copyright - it is your responsibility, not ours.
3rd Party Content
If you use any 3rd Party Melodies, Audio Loops, MIDI, Text, Image, SF2 etc. in Wotja then you are wholly responsible for ensuring you have all necessary rights to do so and for use of that content in Recordings and Compositions.
It seems to us (and we are not lawyers, remember) that something generated at random cannot by definition be copied. That is entirely different from saying it may not be the same as something already created.
Put another way, just because our apps can use chance to generate a melody, music or text does not mean that what is generated is necessarily unique or might not be something someone else might assert (or have asserted) copyright over - our apps DO NOT cross-reference any databases of copyrighted content, e.g. copyrighted music. See also 'Using Templates that include Patterns' below.
Example 1: If you input the words to e.g. a copyrighted phrase and then only used those words as the words available in the cut-up/randomization pool, then there is every chance you could end up with the phrase you started with. If using Cut-up be careful to use a large pool of words to draw upon such as the Word Bank or Wotja Database we include in Wotja (see Text Sources).
Example 2: What happens if by chance, perhaps using TTM, a melody was generated that resembled a popular song? it is always a possibility....
That is why we say that whatever the output of our apps and whatever you do with it, it is entirely up to you and you alone to ensure that you do not infringe anyone else's copyright - it is your responsibility, not ours.
IMPORTANT - TEMPLATES AND MELODIC PATTERNS
This section now specifically relates to Wotja V20+. For anything related to Wotja 1-19 or earlier apps, refer to this FAQ.
Custom TTM Text in any* Templates is randomized when you create an automatic mix and/or add a template to a mix; the especially good news is that from Wotja 20.0.2+ provided the "Settings > Templates Auto-Change Patterns" toggle is ON then any B or F patterns that may be in them* are also randomized when you create an automatic mix and/or add a template to a mix. The upshot is that provided that setting is on, and you have not manually entered a melody pattern, you may not need to read further unless you are interested in the background to all this.
*Including Templates you might have created/saved.
Using Templates that include Melodic Patterns (B or F Type)
Our generative apps/engines are very powerful creativity tools and use various randomization techniques to generate their musical output. A good number of included Templates also allow the use of (or use) pre-created note orderings (including those generated from characters such as Text to Music), in other words 'Patterns' (TTM still uses patterns under the hood).
Because of that you will need to read and understand this section and then may need to suitably modify your mixes.
We see things breaking down into three main Use Case areas for consideration.
- Copyright in music generated randomly, without use of B or F melodic Patterns
- Copyright in music where some of it is generated from a B or F melodic Pattern not created by you
- Copyright in music where some of it is generated from a B of F melodic Pattern created by you
In the case of 1 above, we expect you should not have issues with composition rights as the music is generated at random. In the case of 2 above we recommend you change the B or F Pattern and take approach 3. See the "What should I do?" section below where we give you pointers.
We re-iterate, whatever the output of our apps and whatever you do with it, all we ever say is that it is up to you and you alone to ensure that you do not infringe anyone else's copyright - it is your responsibility, not ours.
Patterns have a simple syntax and melodic patterns can be of 2 types, the B or F types. These are similar to melodies in that they contain note pitch and duration. Such Patterns can also be generated "under the hood" from text using our Text to Music technique, but when generated that way they are not currently visible or editable.
Depending on how they are set up / used, Patterns affect the ensuing composition in different ways including it being completely pre-determined.
The reason all this is important is that a number of the Templates we include or make available for use in our apps include B or F type patterns and/or text for use in Text to Music. That means it is possible that the melodies generated and/or the ensuing composition is not 100% randomly generated and so you need to be especially mindful of composer's rights issues, i.e. who created the pattern.
How do I know if a Template or mix uses Patterns, and/or what type they are?
We provide hundreds of Templates and there is no easy way to see this except by examining the Template and/or mix which is why that is what we recommend you do.
If you find any B or F Type Patterns in your mix then you MUST change them (including text being used for Text to Music) to be something of your own making (see below). Of course, whether you actually do that or not up to you.
What should I do?
Your goal should be to either aim to record music generated as in Use Case 1 or 3 above. Note that in your mix/piece you will need to check EVERY VOICE used in every Content Cell. Here are some pointers.
- Use Case 1 (music generated randomly, without use of Patterns):
- Use only purely generative music Templates (i.e. those using Rhythmic, Ambient or Repeat Voice Types to generate notes, or which are followed by Follows voices) or generative content that you have created yourself from scratch from an IME Voice Type template.
- Tip: Create, edit and save your own 'safe' generative music Templates. In Wotja can be found in the Templates screen in the 'Saved Files' folder and have a .noatikl extension. They can be selected for randomisation like any other Template meaning you can create new random mixes based only on them.
- Use Cases 2 and 3 (music where some of it is generated from a Pattern):
- If you choose to use Templates that utilise B type IME (NME) Pattern then:
- B type patterns contain information on both pitch and duration whereas R type patterns (below) define only note durations leaving the engine choose the note pitches at random (these can also be used for beat patterns, too).
- If you have to use B type patterns then you MUST use your own patterns and it is your responsibility to ensure that the patterns you use do not infringe the rights of any 3rd parties (e.g. ensure you do not use melodies owned by others). Even though you can apply a mutation factor to a B type pattern it always starts with the pattern and we do NOT recommend relying on this technique.
- For those reasons we instead recommend using R type patterns. Alternatively, change the voice type to be a generative voice type such as Rhythmic or Ambient (this will also change how the music is composed, however).
- Tip: There are other generative strategies such as using a Following Voice to follow a Pattern voice. The Following voice MUST use a Chordal Harmony rule with associated Scale rule with a few elements. Set the volume of the Pattern voice to zero and all you should then hear is the Following voice, which might be OK for an audio recording. Note that MIDI recordings will still capture the Pattern voice, however.
- Tip: See this FAQ entry - How do I find and change any 'patterns' used in a mix?
- if you do choose to use a Text-to-Music (TTM) template and/or there is text in the TTM Text Editor field then:
- Unless you are certain the text has been created at random then you MUST change it as it generates a B type melodic pattern under the hood (i.e. the seed pattern). If you feel the melody has been created essentially at random (i.e. you have not tried in any way to reverse engineer the TTM algorithm or channel its results) then you may feel that melody has been generated at random and so no one could accuse you of deliberately copying it.
- Further detail: Although TTM generated melodies are created from text (characters) that you enter, a specific sequence of characters will in general result in the same melody as it is built up one note at a time from that sequence of characters. If you do not know how the TTM algorithm works then when you enter text the melody that is generated may seem to you to be generated at random. However, if you did know and used that knowledge to "channel it" then the melody would not be generated randomly.
- Note: Be careful what you claim as the same text characters may well generate the same melody in another mix so it may well not be unique to you. The greater the number of characters of text used the greater number of notes will be in the generated melody and so the more likely it is to be unique (it all comes down to maths and probabilities).
- Tip: Save and only use your own 'safe' generative music Templates. See the tip above.
- General Things:
- Even generatively created content has the potential to end up as a tune that a 3rd party might claim ownership of - so always be careful. Remember, we make creativity tools.
- In any Use Case ensure you use only content that you own the rights to (e.g. your own WAVs, SF2, MIDI files and/or Noatikl / Mixtikl / Wotja files and/or ISE (PSE) Sounds Designs) or you have secured permission to use for your purposes.
- With respect to recordings you make where you are using Wotja MIDI Output to drive 3rd party synth(s) ensure that that you have the necessary rights to record those synths.
- In all recordings you must ensure you comply with the terms for use of the IM Wavetable(s) (See Intermorphic EULA, noting clause 5 concerning "Intermorphic Wavetable" which applies to all included Intermorphic SF2/DLS wavetables).
- When you make the audio or MIDI recording(s) that you want to use Commercially make sure you have (as relevant) an active subscription or have purchased a valid licence to use the app as full product (e.g. including In-App purchase in an older Freemium version).
- Please be aware that Educational versions may not be used for commercial or business purposes.
- If using Templates or content from any of the Free Paks ensure you comply with the Intermorphic Pak EULA.