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Re: [exs] CD's for sale?

2002-07-23 by Matt Jones

Hi Eric,

While we're on the subject of copyright, licensing etc....

If I have been asked to remix another artist's song can I use Spectrasonics'
samples in the remix. i.e. They are the composer of the original work and
will therefore receive all royalties from my remix, however
I would be credited on the CD as the remixer and would be paid for my work.
Would the artist require an additional license?

Matt

P.S. I own about 12 CD-Roms from your library; can't live without them!
Keep up your good work.









> 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

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