Ok is the issue we are all discussing sample clearance? Or copyright violation.
My question has always been very narrow. My question is NOT "can I use samples in my songs?"! Of course I can.
You cannot unscrupulously use a recognizable musical sample in your songs. Example James Brown's voice. The intro to the theme song of a popular TV or Movie. Plain and simple if you use something that is
recognizable from another artist or publisher they have the right to compensation if you start making money off the property.
I agree! But we are not talking about sampling other music, rather, about purchasing a sample library and then creating UserTracks based on it. There seems to be an opinion here that as long as you are playing the pattern you can use the samples to make the pattern into audio and then distribute that new UserTrack.
I have tried to boil this down to something simple for myself. Let's say a simple new library of rare Mayan flute sounds is created by NI. There is nothing in the library but a series of notes. I then use that library to play one note per bar in my UserTrack. Now I give away the UserTrack and someone else can use it to play one note per bar in their BIAB song and it should sound exactly like the original sample library. So the end-user of my UserTrack can now add rare Mayan flute to their songs without ever purchasing the sample library. Because I am enabling others to use the sounds from the library, even in a modified form, it seems to me that would be a problem for the library owner.