Audio authors: Q&A about Envato third-party distribution and licensing

Look for the email and you’ll see the opt-out option. Thanks!

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Looked at this email and went back and read some of the terms and things linked within the email. Still very confusing on what exactly this third party distribution thing is. Is this just strictly referring to AI being use? Or does this include other deals (such as licensing and the like). The email wasn’t very specific on what type of deals it’s even speaking about, let alone opting in or out of something without any real information.

While I understand some things need to be vague as full deals are finalized, but it’s increasingly odd to have such deals made where there’s so little information available.

Seems a lot of others here are also confused on the wording. So if I can re-iterate, is this just regarding AI usage or no?

Also apologies if someone already answered :stuck_out_tongue:

–EDIT–
Just noticed someone above mentioned that it could potentially be an “All In” method to the opting in/out. I agree AI and other deals SHOULD be separated and not grouped into one thing. That’s not fair to authors at all. Ultimatums are not what we are here for.

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Hi all. Thanks for all the questions so far - I’m collating all of these, grouping them into themes (along with any questions from the Author Support team), and following up with the project team.

I’ve added a bit of descriptive text to the opt-out form as the Username field has been getting a few responses that were full names, email addresses, portfolio URLs and that sort of thing. It’s now (hopefully!) clearer that the Username field needs to just be your Envato Author username. Where we have form submissions that contain an email address but no matching username, we’ll try to contact those people directly to ask them to send in a new one.

@SteelSound Please keep posts in this thread specific to questions about Envato’s third-party licensing and distribution, and the opt-out process. Discussion about the user terms of other platforms like Suno should live in a separate thread, so we don’t lose any author questions in here.

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And now a very important game changer.

Generally I was considering joining program but after a research I made it looks like I am not eligible for it. And I am afraid that most of Envato authors cannot join it too.

Why? Because in the last months MANY software, virtual instruments and sample libraries developers added a ban in their licenses to use their materials in AI training. I checked only a few, e.g. Splice, BigFish Audio, KeepForest, Orchestral Tools and many, many more. EDIT: it looks that Native Instruments also prohibits it.

I think almost all authors have samples of such companies in their portfolio. Like Splice - probably every second author uses or has used it. Or KeepForest, which has been a core library in trailers for many, many years. Almost everyone uses Native Instruments.

This is a new case from recent months, so Envato - please seek an up-to-date opinion from lawyers. What was a gray area a year ago is now clearly illegal. I am also sending this information to support.

In my opinion, consent to the use of materials by third parties should be separated from consent to teach the AI that generates music.

Moreover, I believe that in the case of AI it should be an opt-in system (instead of opt-out) with a checkbox of awareness of the choice and rights to the samples. Many authors have no idea what’s going on here, they don’t look here, they don’t read emails. Many do not understand English, many do not understand the topic. You can blindly assume that they use such software. If they join en masse, there is a risk of a large class action lawsuit and a decline in Envato’s reputation.

If I receive more information about the program for making works available to third parties (and the use by AI will be separated from it) - it is possible that I would like to join it Generally at this moment, I consider it as a good long-term move, e.g. due to potentially higher income from my CID. However as it stands, I can’t do that because it would be an illegal move on my part due to the generative AI.

Here is a screenshot from the Splice FAQ (it is described in more detail in the license)

Best,
Red Octopus

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Isn’t it meant in the terms that you can not -directly- feed their samples into a machine learning setting?
But if you use it in your work and then input the work into machine learning it’s different?

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I thought about that but for me it looks like you cannot create training data for AI with Splice sounds. Which part of terms do you interpret in the oposite way?

However, other companies like BigFish Audio make it clear:

“The samples shall not be used, directly or indirectly, for the training, development, or enhancement of artificial intelligence”

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Yes Big Fish Audio is more clear indeed…

Hm you found a potentially big problem indeed.

Makes me wonder if Cubase/Logic/Protools also have updated terms considering the samples they use in their own software.

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Great Post Red Octopus. The reality is “Generative AI Music” is moving way way faster than copyright law can catch up to the technology that has been released by SUNO and UDIO. These AI Monsters are ingesting tracks, audio, sounds, samples, etc… “anywhere that they are publicly available on the internet” but clearly they are not asking permission to those who created these sound files and virtual instrument developers NATIVE INSTRUMENTS etc…, and compositions, loops, samples, hits, beats, vocal licks, bass loops and so on.

And Yes, you are right…So many ignorant music producers who do not understand:

Laws
Copyrights
English
etc…

Will probably just remain opted in because they never come here to read that this is even happening, or just do not care because any money earned is good money for them…And that is exactly the behavior Envato is hoping for. They just want ignorance and stupidity to remain “as is” so they can get their hands on thousands of tracks to quickly profit from the short term, lawless AI opportunity, before governments and courts step in and declare all of it as illegal and a breach of copyrights! This is going to happen people!

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Maybe this is not about AI, but about putting our music on shutterstock etc… ?

Dear Envato Team,

As an author and composer working on your platform, I am writing to express my concern regarding the proposal to involve our music tracks in this so called “third-party licensing and distribution” deal. My concern stems from the fact that Envato is asking us to accept or reject an agreement without providing enough information for us to make an informed decision.

  1. Uncertainty of Use: Your proposal lacks a clear explanation of how our music will be used for AI training. This raises concerns about how and under what conditions our creative work will be utilized. As authors, we have the right to know how our works are being used.

  2. Compensation: You have not provided any information about the mechanisms and amounts of compensation we can expect. We deserve fair compensation for the use of our works, and the lack of clear compensation mechanisms calls into question the fairness of such an agreement.

  3. Copyright and Royalties: You have not explained how issues of authorship of generated music, royalty payments for created compositions, and potential conflicts in systems like Content ID will be resolved. These are critical aspects that cannot be ignored.

  4. Dispute Resolution: Your proposal does not contain a clear plan for resolving potential disputes. This adds uncertainty and could lead to conflicts that will be detrimental to both authors and the platform itself.

  5. Unfair and Unethical Approach: It is unfair and unethical to conduct this procedure in such a way that a person automatically agrees to the agreement if they do not express their refusal. Many authors may lack access to communication, may not use email at this time, or may simply miss the emails, not logging into their account. It would be much more reasonable to have an opt-in system where a person only agrees if they actively choose to do so.

  6. Ambiguity of “Third Parties”: Additional ambiguity arises from Envato grouping all types of use under the vague term “third parties” without clarifying whether this refers to generative models, other stock sites (like Shutterstock), or something else. This complicates the decision-making process further, as some authors might want to distribute their music on partner sites but not participate in AI training.

As authors, we deserve respect and fair treatment. The lack of clear information and guarantees suggests that our interests are not being properly considered.

Given the above, I, as an author, refuse to participate in this initiative and urge other authors to do the same until we receive clear answers to these questions.

It is crucial for Envato to provide detailed information on what we can expect in return for such an agreement.

I hope for your understanding and clear explanations regarding these matters.

Sincerely,

Olexandr

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@KingDog @BenLeong
Until we as authors get a definitive resolution to this, i.e what will be the renumeration to authors and also how it affects the licensing agreement entered into by authors using sample libraries and VST’s, there must be an automatic “opt out” response to all.
There are many questions to be answered before the deadline stated. We are monitoring this situation closely.

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My opinion better idea is to separate participation in AI datasets and third party agreement. It’s unfair to link both in one agreement. Also Content ID is issue in both things - there is cases when AI generated content trigger Content ID and removing claims from videos in case of third party agreement require licenses. I have no idea how you plan to manage both scenarios.

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This whole thing reeks of amateurism…
Corporations use to do super duper due diligence before things like that.
Now everything is a money grab and hi-tech low money hidden mumbo jumbo… Opt out for sure, if you respect the craft, your music and your dignity!

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This is a well thought out and researched reply. I agree with all of this. Ever since the announcement of the Shutterstock deal, I’ve become a lot more vocal in the forums here. Seems others have as well.

I had a multi-paragraph reply, but I deleted it as I talk too much :stuck_out_tongue: So I will wait to see some replies before commenting again.

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We love to hear you talk Derek! :grin:

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Sometimes I ramble and I don’t want to get off topic :stuck_out_tongue:

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I fully agree with and support the concerns expressed by Olexandr.

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Hi all. Thanks for the questions that have come through so far - I have been collating these and raising them with our project team, and I’d like to start by going through some of the major themes.

Please note that these are based on questions received up until yesterday via Support tickets and in this thread, and they don’t include additional questions that have come through overnight - in particular, the detailed posts from @RedOctopus and @OlexandrIgnatov. Thanks for the work that you’ve put into clearly articulating these - we’ll continue providing more information in future updates.

Does this apply to both Music and Sound Effects audio content?

Yes. All our current Audio content types are covered, as we would like to explore potential new revenue streams for Music and Sound Effects authors. From 2 August 2024, we will be including audio content as part of our third party distribution and licensing plans, unless you have explicitly chosen to opt out of these third-party agreements prior to 29 July.

Why is Envato asking Authors to opt in or out before any details are available?

Before we can start to discuss partnership opportunities with any third parties, we need clear data about how many Audio items are potentially available for use. This is why we’re notifying you now. As this step must take place before any discussions can begin, we cannot speculate on the details of what any future deal might involve.

Can I change my opt-in status after July 29?

No. Once we finalize the list of items that we can pursue third-party deals for, we will not be adding or removing content on an item or Author level. This is not feasible given the scale of our community: we have tens of thousands of Authors in our community, and it will not be possible to conduct any third-party discussions while the number of items is in constant flux.

Why is everything included in a single opt-out process?

We are combining all potential 3rd-party distribution and GenAI-related licensing into a single opt-in process to simplify this, due to the number of different Authors and items involved. This gives our team a clear number of items that they can enter discussions and pursue new revenue opportunities for, and flexibility in how they seek these opportunities.

How will Author earnings be affected by this?

Your item distribution on Market and Elements is not affected by your choice to opt in or out of third-party distribution and licensing. Any revenue generated from third parties will be additional revenue, above and beyond what you earn directly on Envato sites. You will see this on a separate line item in your earnings report that will reflect any revenue generated by third-party partnerships.

How can I change my response if I have already submitted the Opt-Out form?

Please open an Author Support ticket and use it to provide updated information before July 29, so that we have an official reference for your request.

We’re still reviewing the full list of other questions, and I’ll continue to raise everything shared in this thread - so if there are areas that you need more information about, please ask here.

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Please note that I’ll be away Mon-Wed next week, so other members of my team will continue to follow up on all the questions raised so far.

I’ll be online tomorrow, but I think the next major staff update for this thread will happen after I’m back next week.

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