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I've created an app that has some sound file that I've downloaded from Macloops. The user can only listen these sound files (he can't create any new sound files using them) with the app. Now, I want to distribute the app over the internet and I'd like to know if I can do this legally. I've only found the following the Macloops' website about copyright :

Macloops membership disclaimer/terms & conditions.

By joining the Macloops website, you are accepting these Terms and Conditions.

You accept that Macloops.com is part of Siliconbeats.com and you grant us the right to send you occasional emails regarding our latest news and developments. Your email address will not be sold to any mailing list organizations and the content of our emails will be related to samples, loops and music making resources that we have to offer.

Whilst all reasonable efforts are made to ensure that all downloadable material is virus free, we strongly recommend the use of professional virus checking software. Playing sounds at excessive volumes can cause damage to hearing. Use common sense when playing sounds and ensure that volume levels are sensible.

Macloops cannot be held responsible for injury or damage caused from use of files and sounds. All members and nonmembers are totally responsible for ALL Internet access charges. No exceptions are made. The period of membership for all members is at the discretion of the site administrators. Macloops reserves the right to deactivate or remove your account at any time. Macloops cannot be held liable for any damage to hardware, software or equipment resulting from the use of any files or sounds obtained directly or indirectly from the Macloops website.

By joining the Macloops website, you are accepting to be bound by these Terms and Conditions.

There is nothing about using the sound files. So am I allowed to distribute my app?

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It's on the very first page of the site. I've emphasized the relevant bits.

How can I use your free Apple Loops?

All of the Apple loops that Macloops offers are free for you to download and use in your music. If you wish to use our apple loops in any type of professional or commercial capacity you must purchase those loops from the original sample source to be licensed. We provide links to the original source of all the loops available on Macloops.

If you only want to use these loops for personal use which will never be used commercially then you do not need to purchase a license. if you have any doubts or questions regarding usage rights please contact us directly.

  • Thanks, didn't see it but actually, the app will be free for use, so can we say that it is a professional or commercial capacity? – moray95 May 7 '13 at 13:08
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    You will need to consult a lawyer, or MacLoops, to get a specific answer. Note that they specify that personal use is license-free. Remember that displaying ads in the software is also considered commercial software. In general, if there's no explicit provision for you to use these loops in your freely distributed software, chances are it's not allowed. – Avner Shahar-Kashtan May 7 '13 at 13:27
  • @moray95 since you are distributing, you are using the loop in a professional or commercial capacity, it doesn't matter what you charge, you are breaking the license terms and thus infringing copyright. If your app didn't include the loop, but allowed the user to use a loop that they had downloaded themselves, then you wouldn't be distributing and thus wouldn't require a commercial license. – Mark Booth May 8 '13 at 12:16
  • Thanks @Mark Booth and Avner Shahar-Kashtan. To be sure, I sent a mail, waiting for response.ü – moray95 May 8 '13 at 12:45
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Right on their landing page:

All of the Apple loops that Macloops offers are free for you to download and use in your music. If you wish to use our apple loops in any type of professional or commercial capacity you must purchase those loops from the original sample source to be licensed. We provide links to the original source of all the loops available on Macloops.

So it looks like you would have to purchase a licence if you want to use them in a commercial product.

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