Hi. I am creating an animation and I want to sell it as a NFT. Is it possible to use a sound effect from Audiojungle in it?
I donât see why not, as youâre not sublicensing it in any way. Itâs just accompanying a digital artwork. Maybe contact support just in case though!
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He canât, because NFT is about reselling later.
Yes, but there arenât any licenses involved in NFTs. I suppose in theory the NFT could be traded thousands of times, so a mass reproduction license might be more suitable.
I donât think so because the recipient of the particular NFT assumes heâs the owner while the soundeffects is only licensed and remains copyright of the author forever.
Itâs new territory, hard to define.
I read at License FAQ. It stated there
- You can buy a sound effect and put it in your game.
I guess u can do it in NFT as well. Because if u gonna put it in ur game, u gonna sell it anyway
So, what you say I can take Kanye West latest hit and just put it in the NFT and then if someone asks I can direct them to your reply - âthere arenât any licenses involved in NFTsâ.
Why I canât find such NFTs then?
No! when u buy Kanye West music, u dont get the music license, but if u buy audio jungle u will get the license. And can use it on commercial as well. U cannot use kanye west music and put in on your commercial unless u buy his license.
I saw this on License fAQ
Can I use music in an audio-only end product such as a podcast, audiobook, or guided meditation?
Yes, as long as the audio-only end product is larger in scope and different in nature than the music itself. As a rule of thumb, the music alone must not comprise the primary value of the end product, and should have speech overlayed and interspersed throughout. You can never distribute the music track as-is or with superficial modifications.
Example: You can use a relaxing music background to underscore your guided meditation voiceover recordings, and sell a CD of this to your spa customers
As i understand NFT´s, they are considered as unique piece. So if you use a song or sound effect used several times in other places, then this definition as âunique pieceâ is not valid.
A quickly example;
I can record a song and sell it as a NFT, but only sell it one time and for that reason.
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So this is not valid? saw on License FAQ
Example: You can use a relaxing music background to underscore your guided meditation voiceover recordings, and sell a CD of this to your spa customers
Yes, but NFT is not the same. It is not like a music cd.
NFT is considered as a⌠paint for example, One NFT is âlikeâ a paint, there is only one âMona Lisaâ paint.
I hope i explained better.
PD; You can sell a copy from Mona Lisa paint, but it is just a copy, and the price is different.
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What Iâm saying is that NFTs donât explicitly imply youâre getting a license to use that content. You can buy a Bored Ape, but does that mean you have the usage rights to use the content in a commercial manner. If any rights are allowed, the NFT usually stipulates this. Otherwise, it simply represents ownership of the NFT itself.
What youâre talking about is intellectual property and copyright, which exists no matter the medium, NFT or otherwise. You canât just steal someoneâs intellectual property and mint it as an NFT and claim itâs allowed and justify it by saying youâre not offering a license.
You can buy a physical copy of Kanye Westâs latest album, and know for sure that you own that physical copy, but does it mean you own the authorship and licensing rights to use that content commercially? No
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This is the real issue and youâre right. It all boils down to what âownershipâ actually means. Letâs say you bought a signed copy of a vinyl album from limited edition run of only 50. You own copy 1/50. There will only ever be 50 copies. That doesnât however mean you own the songs on the actual album because NFTs usually donât involve licenses (unless explicitly stated).
So, you canât go and make commercial content using those songs because you donât own the intellectual property. You only own your physical copy of the vinyl.
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Exactly and even if you accidentally break your own copy of the vinyl you donât automatically have the right to a new one.
Also the proper use even in this case is âhaving access toâ. The right to have acces to the music and lyrics through the physical copy.
To me an NFT comes too close to ownership so if I were to create an NFT out of something I would make sure Iâm the rightful owner of everything in it.
I think law has to still catch up with this phenomenon.
My personal opinion about NFTâs is, a way to speculate.
After this, everybody can do with their money what they want.
The answer is yes and no. You can use sound effect for NFT and sell it 1 time. Anyone who buy your NFT wont have legal rights resell it. Most NFT are for resell, better not use sound effect from audiojungle for this. Someone might use sound effect for something else, because he will think he own sound. For example, some developers used copyrighted music in their game. You purchase a game then stream it on youtube. You will receive copyright claim because you dont have a right to use music commercially.
Hi,
This is the reply from Envato Elements Support:
Thank you for reaching out. Please allow me to explain Envato Elements to you. We are a community-run digital marketplace, much like Etsy but for downloadable templates. Elements is a platform that facilitates the transfer of goods between the author (seller) and the buyer.
Authors own, sell, and manage their items exclusively - buyers subscribe and use the items in their design projects via, essentially, a limited sublicense.
As the author retains ownership of the item, you canât claim full ownership or trademark/copyright of the end products you make, including Elements items. This means that the end products made using them are not eligible for NFT.
Even purchasing the graphics needed from the Envato Market would not work. They too are already copyrighted by the author who made them. Regrettably, we have no license that would cover an item and NFT.
So the answer is NO. I hope this helps.
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