Sound Effects: Usage Licenses

I'm likely to source some sound effects for my film. This means I'll be searching on various websites for suitable sound effects for me to use. In order for me to use them, I need to ensure they're royalty free and have the appropriate usage licenses attached to them. There are a variety of websites that I can use, and I found a few briefly the other day when doing some research.

- freesound.org
- soungle.com
- freesfx.co.uk
- soundbible.com

In order for me to understand where I can/cannot use any sounds I find, I decided to do some research into and define some terms that I am coming across a lot.

Royalty Free
The ability to use copyrighted material (e.g. a sound, an image) without having to pay every time it is used. So, if a t-shirt was sold with an image on it that wasn't royalty free, every time it is sold a certain portion of the money would go to the copyright owner of that image. Royalty free = no royalties. So, if something is royalty free and is use on something that then makes a lot of money, the original creator does not receive any of that money. [1]

Royalties
The money paid to the copyright owner each time their property is used. E.g a musician is usually paid each time their song is played on the radio. [2]

Patent
If an idea/design/product is 'patented' it is protected and gives the original creator/patent holder to ability to take legal actions against anyone who tries to copy that idea - e.g. sells a product very similar that uses the patented idea/works the same way. - it depends on what is defined in the patent license. [3]

This is on the Intellectual Property Office[3] website:

Your invention must:
Be new
have an inventive step that is not obvious to someone with knowledge and experience in the subject
be capable of being made or used in some kind of industry
not be

a scientific or mathematical discover, theory or method
a literary, dramatic, musical or artistic work
a way of performing a mental act, playing a game or doing business
the presentation of information, or some computer programs
an animal or plant variety
a method of medical treatment or diagnosis
against public policy or morality.

Secondary Liability
Liability that falls as the responsibility of a third party - not the original creator or provider of the original product. So, in the sense of a Sound Effect website, if I downloaded anything the liability falls on my shoulder to ensure I use it appropriately and follow the usage license. [4]

Grant of License
In the case of freesfx.com, the grant of license states that they remain the "owner or licensor" of every sound effects, and anyone who downloads them are the "licensees". They do not own the sounds, and the act of the downloading them is not the equivalent of them being "sold". [5]

Restrictions on Use
When you agree to use property, there are certain restrictions on its use that you are agreeing to follow and acknowledge in your use of it. E.g with a sound effects website, by downloading their sounds (note: for free) you are agreeing that you will not then try to sell them on and make money off of them yourself. [6]

Indemnification
If there is a breach of the license or misuse of the product (e.g. something that is not for commercial use, is used in that way) the Licensee (e.g. me) will cover any damages that occur on the part of the Licensor (e.g. who provided the sound originally). This could also involve the Licensee defending the Licensor and providing evidence that the Licensor is not in the wrong and the Licensee was solely responsible for the misuse. [5] [7]

[1]: http://copyrightaction.com/faq/what-is-a-royalty-free-license
[2]: http://www.investopedia.com/terms/r/royalty.asp
[3]: http://www.ipo.gov.uk/types/patent/p-about/p-whatis.htm
[4]: http://www.law.cornell.edu/wex/secondary_liability
[5]: http://www.freesfx.co.uk/info/eula/
[6]: http://www.merriam-webster.com/dictionary/restriction
[7]: http://searchdatacenter.techtarget.com/definition/indemnification