EXS 24 Logic Sampler Users Group

I'll answer on behalf of Spectrasonics products, as ilio is another 
company...but our licensing policies are the same.

>Scenario A : Say I have an Ilio sample CD (I dont as I cant afford 'em
>as Im
>a hobbyist sadly :-( ) which has drums on it. Now I use that to create
>the
>drums in a track I produce. I can legally sell my audio recording under
>the
>sample CD licence. OK. Thats the simple bit. Now some enterprising young
>chap samples my release and thieves a drum loop. As its a sparse loop
>(s)he's recycled out some individual hits as well as the drum loop I
>programmed. I get onto the PRS and get royalties for the use of my sample,
>but they are using the Ilio samples without licence even though they got
>them from my music. How do you work out such a situation?

You don't get PRS or ASCAP royalties when someone steals your sound 
recording. You have to sue them for copyright infringement to get money. The 
infringer would be liable to you and the sample producer.

>
>Scenario B : I'm a cheeky git trying to work the system. I record all the
>samples individually, dry, and spaced by a few seconds on an audio CD and
>call it my 'work' and distribute as such. 'Use' in 'work' is allowed under
>the licence, but this is blatantly a way to try and get around it as I
>have
>copyright of the recording. Why couldnt one get away with this?

The license specifically states that you cannot produce other works intended 
for sampling, it has to be used in a musical context. Derivitive sampling 
works are not permitted.

-EP