On Wed, 15 Oct 2003, iriXx wrote:
the sounds from a synth are normally licensed under
the EULA in such a
way that the sound presets themselves are protected, but the creation of
any work from them is not. it cannot be - you are the one who makes
'reasonable effort' to create a work from them. the judgement of how
much effort you put into a work is part of judging whether it can be
copyrighted.
who's ever seen an EULA on a hardware synth? i haven't.
the copyright exists in the waveform and the sound
library. you can't
copyright A400 Hz but you can copyright a preset.
it all goes back again to what i was saying about reasonable effort
being put into creating a work.
i could write a program in a few hours that would create sysex files of
every possible patch that the microKORG (or many other synths) can have.
could i then copyright these and then demand payment from everyone who
uses that synth with other than the original presets?
-dave