#Samples-legal?
05-Aug-93 18:30:21
Sb: #33822-#Samples-legal?
Fm: Christian Busse 100121,1360
To: Jeff King 76520,3401
Hmmm… Hmmm… Well… There have been lawsuits over samples of
instruments. For example, a drummer is hired (at a fixed salary) for a day
or two to play in the samples – he plays in some grooves and breaks/fills
(his own!) which are then sampled and put together by the producer of the
record to provide the rhythm tracks for the recordings. The drummer isn't
mentioned in the credits, he doesn't get a share of the record's revenues,
the record becomes a hit, the producer and whoever get rich, our drummer
is left with his $1000 (maybe more, maybe less). Now, maybe it depends on
what it said in his working contract whether he should get a share or not.
If it says something like 'the rights of the recording are with the
producer' and 'all claims, current or future, by the musician are paid by
the one-off salary' it's pretty clear (or maybe not?) that he hasn't any
rights to the recording or any use of it. Otherwise he might/should be
successful with his claim.
Single instrument samples (like one tone of a piano or one drum sound) are
an entirely different matter, I would say, as there is no 'artistic' act
involved in producing them (A monkey can hit a key on a piano but not play
'Fuer Elise'…). So one might think that those samples a
non-copyrightable – maybe they are, in principle, but once such a sample
makes an integral part of a song by which is is recognized… you get the
point?
// Chris coming in from Germany
\X/ on AutoPilot 1.06………..