Hey Guys - Toby Emerson - owner of Black Octopus here. I have reached out the artist of the pack for an explanation of this. We have a very strict policy of not using material from other packs:
We have this clause in our contract:
_"The Licensor warrants that all Content provided to the Retailer is original and does not infringe on any intellectual property rights or copyrights or uses any unauthorized material and that Licensor has rights to sell and distribute all Content provided to the Retailer. The Licensor assumes responsibility in the event of copyright or intellectual property violation or use of unauthorized Content. "
And as well this given to artists when they first start working with us:
"Copyrighted And Unauthorized Material
Please do not use ANY material from other sample packs or unauthorized sources.
. All it takes is one person to
recognize the sample and inform the original source to cause a problem. All material
should be original and safe to sell as a royalty free sample. If you need samples
please use the producer pack that is provided or create your own (portable recorders
and mics are cheap these days and are a great way to get a ton of original sounds).
***Avoid using samples from BFD, EZ Drummer and Romplers etc as these use recorded
Synth presets should be produced from an Init patch every time."
However on occasion sometimes things slip by us, as we work with approximately 50 artists & labels. We take things like this very seriously as I have a lot of pride in our work being original, and royalty so if we find out other sounds have been taken I personally get very upset.
Looking forward to hearing from the artist on this matter.