Using Samples And Copyright
in [Audio Recording]
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From: Vanechka on 23 Nov 2005 05:11 Hi Guys I have 2 questions 1/ At what stage does a Drum Loop Sample become uncopyrighted In other words lets say I take out the snare or reshuffle the loop in a different way by moving the snare or hi hat a quaver forward or back is it still copyrighted? Is it then based on the actual sound? 2/ Lets say i have a sample of a long asian melody. But I only use the 1st note of the melody. It is just 1 pitch and then transpose it.. Is this still copyrighted I am doing a lot of production music and want to make sure that I dont get into a mess with this. Wondering if any other composers here who write music can enlighten me on the laws... Can you get sued in any of these cases Thanks Carlo
From: sounddogs@mac.com on 23 Nov 2005 05:42 In my opinion and experience: 1. The drum loop itself never becomes un-copyrighted. The inherent intellectual property and all Copyright derivatives are retained in full by the original copyright holder as per the Synchronization license and or End User License Agreement that accompanied the audio files. Carefully consult your licenses in regards to samples and loops to ensure that you meet the requirements necessary to resell your songs. 2. In my opinion no, it is a derivative of someones' copyrights and in the Copyright Notice and End User Licenses that you accept by means of your usage of the audio encumbers you to the Copyright owners' rules that typically state that they retain Copyright over derivatives. Ignorence of notices or licenses is not acceptable behaviour by any professional. Receiving copyright audio without a license is a mechanical infringement upon the Copyright owner and is not an excuse for ignoring copyrights. Rob Nokes www.sounddogs.com Vanechka wrote: > Hi Guys > > > I have 2 questions > > 1/ At what stage does a Drum Loop Sample become uncopyrighted > In other words lets say I take out the snare or reshuffle the loop in a > different way by > moving the snare or hi hat a quaver forward or back > is it still copyrighted? Is it then based on the actual sound? > > > 2/ Lets say i have a sample of a long asian melody. But I only use the > 1st note of the > melody. It is just 1 pitch and then transpose it.. Is this still > copyrighted > > > I am doing a lot of production music and want to make sure that I dont > get into a mess with this. Wondering if any other composers here who > write > music can enlighten me on the laws... Can you get sued in any of these > cases > > Thanks Carlo
From: Mike Rivers on 23 Nov 2005 06:29 Vanechka wrote: > 1/ At what stage does a Drum Loop Sample become uncopyrighted > In other words lets say I take out the snare or reshuffle the loop in a > different way by > moving the snare or hi hat a quaver forward or back > is it still copyrighted? Is it then based on the actual sound? I believe that the sound of a common instrument can't be copyright (though a unique sound, like the exhaust of a Harley motorcycle, can be copyright). If you use individual drum beats as samples, I would think the only way copyright infringement could be claimed is if the originator had a very good lawyer. But if you're going to all of that trouble, why start with something that might put you at risk? Just start out with a set of drum samples that you like. Now, if there's something unique about the sound of the drums in this loop you have in mind, and that a person who might reasonably expected to be familiar with the musical genre could instantly recognize the source, you might be in trouble. > 2/ Lets say i have a sample of a long asian melody. But I only use the > 1st note of the > melody. It is just 1 pitch and then transpose it.. Is this still > copyrighted A note can't be copyright.
From: Hans Aberg on 23 Nov 2005 06:49 In article <1132740664.064787.92280(a)g44g2000cwa.googlegroups.com>, "Vanechka" <curiouseuro30(a)hotmail.com> wrote: > 1/ At what stage does a Drum Loop Sample become uncopyrighted > In other words lets say I take out the snare or reshuffle the loop in a > different way by > moving the snare or hi hat a quaver forward or back > is it still copyrighted? Is it then based on the actual sound? > > > 2/ Lets say i have a sample of a long asian melody. But I only use the > 1st note of the > melody. It is just 1 pitch and then transpose it.. Is this still > copyrighted > > > I am doing a lot of production music and want to make sure that I dont > get into a mess with this. Wondering if any other composers here who > write > music can enlighten me on the laws... Can you get sued in any of these > cases To begin with, you can always get sued, but it does not mean that they will win. :-) Copyright cases are probably quite rare, and probably only appear in blatant cases, when there is money or much prestige to be gained. Otherwise, take a look at the international copyright treaty, and the US copyright law: ?? http://www.wipo.int/treaties/en/ip/wct/index.html ?? http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html ?? http://www.copyright.gov/circs/circ1.html The Wikipedia also has an article on "Intellectual Property". ?? http://en.wikipedia.org/wiki/Intellectual_property In general, intellectual knowledge cannot be made property, despite the old term suggesting it, but intellectual work can be protected if given a suitable form. The copyright holder can make restrictions, but certain?owner rights cannot be infringed upon by the owner of a copy. The information in a copyrighted work is not protected, only the form given by the work. You can use copyrighted material under the fair use principle. For example, a journalist may quote?selected material. But this cannot be made an essential part of the new work. So in the first case, I agree with the other posters, it seems that you make somebody?else's work as an essential part of your own work, though in an altered form. So this might be illegal. In the second case, the note is still copyrighted, though the sample is so short, it hard to not say that it is not falls under the fair use principle. It may have to do with the?characteristic of your quote, how you use it, and so forth. Say for example, this note is individually tailored as?becoming a well-known trademark of the artist, which is alone about being able to perform it, and you use it as though you had created on your own. Then that might still be illegal. Just guessing... -- Hans Aberg
From: Vanechka on 23 Nov 2005 06:55
Appreciate the feedback Mike... Still a little unclear though. Lets be more specific. Can a kick be copyrighted in law. Lets say I have a kick which I really like from a loop. I just take the kick out and use just that. Lets then say the guy who wrote the loop hears it and recognises it . I understand the ethics that Rob brings up. But Im also curious about the way it could be argued in court... Production music is new to me and I dont want to break any laws... Some sample librarys I have and some like the ones in question have been recorded in sessions at studios.. Carlo |