#Samples-legal?
10 messages in this thread
Is it legal to use samples from other people's mods and use them in your own?
In what cases is it legal or illegal? I heard it was illegal so i would really
like to know.
-Jeff King
Jeff-
You've hit upon one of the unsolved legal issues of our time. Rules for
how many *bars* of music can be "quoted" without copyright infringement
are pretty well established (don't recall how many it is, tho- <g>), but
not how many seconds of sampling. It's also really a whole different
ballgame, since it's not just a crude replication of a series of pitches
with specified lengths, it's someone's precise "sound" which is being
duped.
I've heard of one rap piece which unabashedly incorporates samples of
another artist's hit, inextricably hooking (pun intended) into that hit's
"aura" quite successfully. Rap is one of the hot areas where this issue
hits hard, since sampling is such an intrinsic part of the form.
Wish I could give you a cut-and-dried answer, but since nothin's *been*
cut and dried yet, I'd suggest you hop down to the library and give a scan
to a treatise on copyright law. In general, it is illegal to copy a
copyrighted work without the permission of the copyright owner. It's up to
you if you want to err on the strict or the loose interpretation of that
guideline; in the latter case, you may or may not be subject to either
complaints or legal action.
Bob
Well, you'd think that it would be ok if you used say a sample of an instrument
like a piano note wouldn't you? Does someone carry legal rights to a sample
because they recorded it or because they are being recorded? Hmm..
-Jeff 'Akolade' King
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………..
Well, I don't like to use samples of some recognizable part of a song, I just
don't want to take the time to record a piano note, when I already have samples
of a piano in half of my mods. It would turn out exactly the same anyways! I
suppose that if it is a common sound or instrument it is probably alright(?),
but I will probably use caution when selecting 'unique' samples in the future..
RE: Sample of a piano note being legal…
Gee, I guess that would depend on whether it was at A440 pitch- that's
copyrighted, isn't it? <g>
(This is a recording.)
Bob
If i quoted your last message, could you sue me? <g>
Jeff'Akolade'King
Dunno, but I hear there's litigation pending against the Grand Canyon for
echoing without paying royalties… go figure!
Bob
Jeff,
The Copyright Laws (check your local library or the library of Congress
for the latest updates) give the copyright holder the exclusive rights to
reproduce a copyrighted work, to prepare derivative works and publicly
distribute display and perform it. Samples can be copyrighted in
"compilation" works that are formed by the collection and assembling of
preexisting materials that are selected, coordinated or arranged in such a
way that the resulting work, as a whole, constitutes an original work.
If it's copyrighted, there is little you can legally do with a sample or
anything else unless you have permission from the owner of copyright. If
it's not copyrighted or published, you're dealing with matters of
conscience rather than matters of law. Remember that copyrighting and
publishing are two different things.
Finally, check the results of CONTU (the national commission on New
Technological Uses of Copyrighted Works) for copyright policies relating
to data processing and reproduction technologies. A couple of books that
might offer some help are the latest editions of "Copyright Handbook" and
"This Business of Music."
jf – lamplight productions
~~~sailing on autopilot~~~