EXS 24 Logic Sampler Users Group

In a message dated 7/3/02 2:15:58 AM, HELP@... writes:

>Thanks, Eric. In my mind the question was actually, is The Grand a
>Sample-based instrument, since it appears to be a bit of a hybrid. I guess
>Wizoo licensed the right to reproduce The Grand samples then, because
>another user mentioned that they were releasing some EXS24 sample kits
>derived from The Grand. Most "synthesizers" these days are based on sampled
>waveforms. Where does the law draw the line I wonder? Seem to me, hybrid
>technology is a growing trend. -Jer

The Grand is based on samples and those samples are protected by the SR 
copyright. Sampling PCM based instruments is considered creating "derivitive 
works" under the copyright law and you have to have permission (a license) 
from the copyright holder to do this. It is a fine line in some cases, but 
the courts always favor the copyright holder in these situations....because 
generally speaking, if the derivitive work is super freative and really 
original, than it usually doesn't end up in court. Releasing samples of the 
Grand would be a clear-cut case of infringement based on my experiences with 
these cases. (I'm not a lawyer of course, but I've been involved in many of 
these infringement cases with both Roland and Spectrasonics protecting their 
intellectual property).

FYI, Wizoo doesn't license the samples from the Grand...they made the Grand, 
so they are the owners of the material in the first place.

That's my knowledge at least.

best,

-EP