EXS 24 Logic Sampler Users Group

Hi Jeff,

On 23-Jun-05, at 6:16 PM, Jeff Weinberger wrote:

>  Maybe a little off topic, but related: Does anyone have a clue about
>  the current laws regarding samples taken off records? I've been
>  avoiding them for a number of reasons, but kind of miss the days when
>  I used to grab a James Brown horn hit here and a funk breakbeat there
>  and use them with my own melody, harmony, bassline, guitar part, etc.
>  Is it still safe to sample small bits or is this as illegal as
>  grabbing 8 bars of someonelses song, looping it, and rapping over it?
>  The law seems to have gotten more complicated.

Technically it is illegal, even though you are being creative with it.  
If you were to release it, you would need to get permission to use the 
original recording(s).  I don't know if you remember a song that was a 
hit a few years back by the Verve (or Verve Pipe, can't remember) where 
their song "Bittersweet Symphony" had a sample from an old obscure 
Rolling Stones tune in it.  I don't recall all of the details but they 
had requested permission for the use but were sued anyway (the suit 
stated that they used more of the song than originally granted) and had 
to give over 100% of the royalties.  That would be a good example of 
this type of scenario.

Anyway, it is only illegal if you don't get permission.  If you request 
permission and are granted it, then there is nothing illegal in doing 
it.  However, you need to have it be clear how much of the song you are 
sampling and which part.  I believe the situation with the Verve was 
that the holder of the copyright for that song felt that they used more 
of the song than originally agreed to.  If you're not releasing the 
music, then it is highly unlikely that anyone is going to come after 
you.  HTH,

Fernstudio

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