OK thinking of selling my axe fx II for a III...but I have a question about CUSTOM IR's...

W

webe123

Inspired
OK so here's the deal...I do NOT want to do anything illegal, but I bought the austin buddy pack of 1000 custom IR's for the axe fx II....but I do not have them in there yet. (Lazy I guess) Anyway, I am now wanting to sell my axe fx II unit on reverb or someplace but my question is this...is it illegal to include the austin buddy pack I got for my axe fx II in with the auction I am selling my axe fx II unit in? I could not find this answer on google anywhere. I did not want to do anything shady....so I figured I would ask if that is wrong to include the pack along with my Axe Fx II unit?
 
You can include the IRs in the sale of the FX2, but you can't keep any for transferring to the FX3. Or, you can keep them for yourself and NOT include them in the FX2 sale, and then install them in the FX3.

I recommend including them in the sale. The firmware has changed significantly since the FX2 and Austin Buddy spent a lot of time adjusting the presets, and presumably the IRs also, for Cygnus, which you won't want to do, and which, if it's not done, will make the presets sound bad, or at least not like he'd want them to sound. I have several of his packs, and though I use them mostly for ideas, he's got some really good sounding presets, they're not that expensive, so overall I think it'd be worth it to just upgrade and enjoy. So, IRs or presets, I'd upgrade.

Of course, Austin Buddy has the final say on this. That's how Copyright works.

@austinbuddy
 
webe123 said:
Well I have not even put them in my Axe Fx II (If you read my post you would know that) So HOW would I have done that? You are making an assumption that is not true.
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I don't think he was making any assumptions. I think he was saying maybe you could tweak the IR's to the Axe 3.
 
webe123 said:
Well I have not even put them in my Axe Fx II (If you read my post you would know that) So HOW would I have done that? You are making an assumption that is not true.
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Sorry for not being clear. I was saying if someone tweaked a custom preset/IR a bunch, how would it still be considered copyrighted?
 
Tonedeaf said:
Sorry for not being clear. I was saying if someone tweaked a custom preset/IR a bunch, how would it still be considered copyrighted?
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The copyright for derivative art goes to the original artist unless there is significantly different content added to the work to make it obvious it’s a different piece. Adjusting an IR significantly enough would change it so it would not sound like the original cabinet and what’s the point of that?

Why attempt that as an end-run to avoid a copyright? To deny the author a sale? To make sure you can give it away? The logic and goal escape me.

The pack can be bundled with the II, but it can’t be copied and used on the sold II and the III that replaces it. Distribution rights do not get transferred when someone licenses the use of a copyrighted piece unless the contract explicitly says so.
 
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I would put money on you can only have them on one unit [owner] ....even if you tweak the shit outa them.
 
jimbop said:
I would put money on you can only have them on one unit....even if you tweak the shit outa them.
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I think most of the vendors don't care about how many of YOUR devices they go on. The issue is about selling a device with the presets on it.

My opinion:

You paid for them for your use. If you sell a device that has them, you are selling (or transferring) your "right" to use them.

You want to continue using them? Don't include them on devices you're selling.
 
Greg Ferguson said:
The copyright for derivative art goes to the original artist unless there is significantly different content added to the work to make it obvious it’s a different piece. Adjusting an IR significantly enough would change it so it would not sound like the original cabinet and what’s the point of that?

Why attempt that as an end-run to avoid a copyright? To deny the author a sale? To make sure you can give it away? The logic and goal escape me.

The pack can be bundled with the II, but it can’t be copied and used on the sold II and the III that replaces it. Distribution rights do not get transferred when someone licenses the use of a copyrighted piece unless the contract explicitly says so.
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I was simply asking a simple stupid f@ucking question for cripes sake.
 
Tonedeaf said:
I was simply asking a simple stupid f@ucking question for cripes sake.
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And you got measured responses, "for cripes sake".

Too many artists, whether they're working in visual, written, or performance, do not understand how copyrights work. I was a pro-photographer, software developer, and musician at various times in my life, and when I set up my photography business I went to an intellectual-properties lawyer to learn about the ins and outs, and he immediately told me to start with http://copyright.gov, which is a great site. I had to make use of what I learned several times because of companies misusing my work and violating the licensing terms. The laws were set up to protect creative people and help them be able to sustain themselves but they have to know how to work with the laws. The copyright site helps 'splain all that.
 
When you bought the presets on the website, they were linked to your email address. Do you include your email account in the sale as well?
 
To those that do not get what I am trying to do let me explain it THIS WAY (I thought I made myself clear ....but maybe not) What I am wanting to do is sell my Axe Fx II with the ONLY COPY of the Austin Buddy IR's I have....you know the ones that go with an Axe Fx II? I have NOT tweaked them or even used them. I would NOT even THINK of keeping them! Why in the world would I want to KEEP THEM and put them on Axe Fx III?That is just a stupid, stupid idea! They would sound horrible for one thing because they are not MADE for the Axe Fx III..... If I need other IR's for the Axe Fx III I will BUY some of the Austin Buddy IRs for the Axe Fx III....Clear Enough??
 
webe123 said:
I did not want to do anything shady....so I figured I would ask if that is wrong to include the pack along with my Axe Fx II unit?
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When you asked Austin Buddy, what did he say? I doubt anybody else here will have anything to add to what he tells you.
 
Afaik the presets/IRs would continue to be registered to you, which imo, is a red flag wrt passing them on to someone else.

There are few softwares I've owned that include a transfer mechanism but most I've owned do not, which I've always taken as non-transferrable in any circumstance.
 
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