EXS 24 Logic Sampler Users Group

Compelling argument, although sample vendors will no doubt disagree. You do
a good job of articulating a strong argument however. Thanks for your
perspective.

> From: Teddy Kumpel <teddybut@...>
> Reply-To: exs-users@yahoogroups.com
> Date: Mon, 11 Feb 2002 21:44:29 -0500
> To: <exs-users@yahoogroups.com>
> Subject: [exs] Re: New patch: Congaloop
> 
>> 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
> 
> 
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