EXS 24 Logic Sampler Users Group

> sorenrv wrote:
> 
>> Your
>> concern should be in case you release music to the general public
>> where you use sounds and/or loops that could be copyright protected.
> 
> What's that expression "possession is nine tenths of the law"? I think just
> having (and using) unpaid for commercial samples is against the spirit of
> the law (if not the moral paradigm) regardless of whether you release music
> commercially an/or make money with it or not.
> 
> A home hobbiest using an unpaid for commercial sample for pleasure is no
> less illegal than Michael Jackson using that same sample on a million seller
> hit. Morally, we can come up with all kinds of justifications, but legally,
> this part at least, seems fairly clear.

actually, as far as I know sorenv is right. I am published by EMI and I have
to clear all the samples I use on song demos with them. If I use a sample in
a song that I lifted I have to list that sample on my song form so EMI can
clear it IF IT BECOMES SOMETHING THAT IS GOING TO GET RELEASED. Do you think
they clear every sample I used? hell no, that would take too much manpower.
They only have to clear them when something's getting released. I also doubt
this applies to single shot samples, only phrases longer than 3 or 4 notes.

Here's a scenario Hypothetically: Say I want to write a song like...
"whatever" by Brittany Spears (god forbid). Someone hires me to do that.
They want the groove and vibe to be the same. I might (hypo) sample
Brittany's song, produce to it, and later take her sample out of the
production. Is that illegal? no way!!! As long as my music doesn't resemble
hers it's fine. If there were melodies copied directly it is against the
law. But using the sample to work with to get the same vibe is not illegal
because it's not being released on the final version.

I played on the Vanilla Ice album, "Teenage Mutant Ninja Turtles 2". I am
not proud of this. BUT... the session was a recreation of the Sly song
"Thank you fer lettin me be mice elf". we had to copy what was on the
recording as exactly as possible. Obviously the label was too cheap to pay
Sly for the sound recording, so they hired us to record their own. I think
in this case Sly still gets songwriting credit but whoever owns the masters
can't get a sample license fee. Anyway... about %50 of the gtr sessions I
did in the early 90's went like that.... zzzzzzzzzzzzzzz

So to sum up.

if you aren't releasing it on a CD, don't worry.

If you are, clear the stuff first to avoid lawsuits.

enjoy.

Teddy K

-- 
GO SEE 
http://www.teddybut.com and http://www.mp3.com/teddybut
Kumpelstiltskin Music, Inc./EMI Music Publishing
Burning Beagle Studios, Brooklyn, NY