> Hello!!
>
> This mail made everything clear!
>
> Even though I don\ufffdt think a lot of the sample CD\ufffds are worth the money.
>
> And I can understand the prices because of hiring people etc etc but
> nowadays you can find million of soundfont files (and samples)over the net
> and a lot of times they sound as good as sample CD\ufffds.
>
> I think the music industry sucks and I wonder if the sample CD industry is
> part of their business??
>
> Also all the people who worked on a sample CD I\ufffdm sure they get paid even if
> the CD doesn\ufffdt sell thousands of copies at least all my friends making
> sounds for different companies they all get paid I can\ufffdt imagine a company
> saying they will get paid when the CD starts selling they get will get paid
> anyway!!
>
> I don\ufffdt want to sound angry with sample Cd companies but sometimes it\ufffds kind
> of weird how a lot of fucking geeks (shitty artists) get paid huge amounts
> for making a sample CD.
>
> But that\ufffds the industry in general isn\ufffdt it??
>
> Look at artists like Britney Spears she makes millions and she is crap what
> about the rest of the world how come they have to suffer because of people
> making to much money inte the western society!
>
> Fucked up politics!!
>
> I wish you a Merry Xmas to you all!!!
>
> Best regards,
>
> Alvaro Villalobos.
>
> Ps. Sorry for getting mad with crap artists but sometimes I\ufffdll be watching
> TV and I see people like Oprah wich has som much money and I get pissed!
> Same thing in the music industry!! Ds.
>
> >From: PersingEP@...
> >Reply-To: exs-users@yahoogroups.com
> >To: exs-users@yahoogroups.com
> >Subject: Re: [exs] EXS 24 sample Cd\ufffds for swop!
> >Date: Tue, 18 Dec 2001 16:37:35 EST
> >
> >Hello to all EXS folks,
> >
> >Here's some answers to your questions and comments:
> >
> >(BTW, All of this information is always printed on the OUTSIDE of our
> >packages, so if you don't like these policy, you can return the disc
> >unopened
> >and get a full refund).
> >
> > >I was sure I could buy a Sample CD and sell it if I wanted I didn\ufffdt know
> > >I had to die with the Sample Cd in my grave!
> >
> >That's basically it. The license is for a single person.
> >
> > >Of course (if I'm informed correctly) you are allowed to sell or give
> >away
> > >your CDs, but again it's obvious to me that after this you aren't allowed
> > >to use the material any longer by yourself.
> >
> >That's incorrect Sascha (see below)
> >
> > >So what happens if let\ufffds say I bought a CD and want to sell it I can\ufffdt
> > >do this either??
> >
> >Correct. For the same reason that you can't "sell" a license of a James
> >Brown
> >recording, even if you bought a license from his record company to use it
> >yourself. You don't own the recordings, so you can't license them or give
> >those rights to someone else.
> >
> > >If I buy a PC game and want to sell it there is nothing illegal about
> >that
> > >so what\ufffds the difference in selling a PC game original or a Sample CD
> > >original??
> >
> >Big difference...you aren't using the game to create a new game. With
> >Sample
> >CDs, you use the recorded material to create your own music recordings.
> >That's why a license is different than a piece of software. (although you
> >should really check the legalities of trading the PC games, different laws
> >apply to software).
> >
> > >Or if the worst thing happens for example It gets stolen or I die and
> > >someone keeps the Sample CD will someone sue my mum and dad????
> >
> >No worries, legal action would be taken against the thief, not your mum &
> >dad!
> >
> > >It seems like you third part developers have big problems then because
> > >I\ufffdve seen people all over the world trading CD\ufffds and what about all the
> >Mp
> >3\ufffds
> > >with samples from Sample Cd\ufffds wich are trade with all the different look
> > >a like Napster programs aren\ufffdt all those people about 100 million people
> >trading sounds and samples illegally??
> >
> >You are correct...this is a major problem for our industry. The changes
> >that
> >have taken place in the last few years are massive. But it is the same old
> >argument that if everyone's doing it, then it must be legal. As Napster
> >will
> >tell you, that just isn't the case.
> >
> > >Sometimes it gets very difficult to know If it\ufffds legal or not at least
> > > people in the west with internet are not always following the rules and
> > >if those 100 millions are doing soemthing illegal why aren\ufffdt there people
> > >suing them are they to many to handle???
> >
> >Certainly, many people do illegal things these days. Lots of lawsuits are
> >happening, but you don't hear about many of them. If you know anyone at a
> >record company, they'll tell you about lots of cases that are going on.
> >
> >It isn't difficult to know the legalities of Sample CD swapping, all of our
> >products come with lots of information in written and audio form explaining
> >what is allowed and what is not. We cannot control if people ignore the
> >laws,
> >but we do go after people who break the law. There exists several
> >organizations that police this activity, and all the developers in the
> >business share info on who's doing what.
> >
> > >Well Spectrasonics please send me a link with laws because it seems a
> >hell
> > >of a lot easier to get hold of Cd\ufffds than knowing the law!
> >
> >Check out the Sound Recording Copyright Act from the US Copyright office.
> >
> > >One question pops up though:
> > >Let's assume I'm doing a remix and there's one single loop in the
> >material
> > >I'm getting, coming from a commercial sample CD. In order to use that
> >single
> > >loop in the remix, will I have to buy the complete CD just because of
> >that?
> >
> >If the original artist has a license, then you are OK to use it only for
> >the
> >remix. If not, you could have legal problems...especially if your remix
> >becomes popular.
> >
> > >The way I'm doing it now is that I streem all tracks from bar 1 to the
> > >end of the song. That doesn't give away the samples, but it gives away
> >the
> >way _I_ used the samples.
> > >I also write on the tracks sheet what samples cd's where used. Nobody
> >could
> >tell me if this is the legal way to do it though...
> > >Maybe somebody from Spectrasonic would comment on this?
> >
> >This is an excellent way of solving the problem -it respects our samples,
> >and
> >allows you to deliver the project to the label. Great!
> >
> > >When someone decided to create a samples CD, he absolutely knows that the
> > >CD can be copied ( of course, or he is from a planet called QWERTY !)...
> > >If I bought a CD I can do what I want with... give it to someone, make
> > >a present, put it in the trash or whatever...
> >
> >It is also very easy to go over the speed limit when you are driving a car,
> >but it doesn't mean that you won't get a ticket! Of course we know that it
> >is
> >easy to copy, but that doesn't mean that we don't care about it, and that
> >we
> >don't prosecute people that abuse the law.
> >
> > >So if I buy the permission I can\ufffdt sell it??
> > >How can Michael Jackson the buy all the Beatles permissions??
> >
> >It cost over $100 million as I remember.
> >
> > >But I still want an answer If I have an original sample CD can\ufffdt I change
> > >it with someone else who bought an original sample CD???
> >
> >No you can't.
> >
> > >Like you said I buy the permission but I must be able to sell my
> >permission
> > >somehow if I want or??
> >
> >That's what a "non-transferrable, single-user" license means.
> >
> > >You want to be moral about it and realize the clear legal ambiguities of
> > >the different
> > >possible ways of aquiring use of these sounds, but you rationalize it by
> > >telling
> > >yourself that you wouldn't be buying these CDs anyway. So having them to
> > >play around
> > >and experiment with and maybe even occassionaly use on an income
> >generating
> > >project
> > >isn't really costing the sample makers any lost profit because you
> >wouldn't
> > >be buying
> > >them anyway. All of a sudden the crime you are committing seems a bit
> >more
> > >distant.
> > >You feel removed from it.
> > >
> > >Bottom line of course is that we all know that if you aren't paying for
> > >them, then you
> > >shouldn't be using them. At all. You don't pay the money, you shouldn't
> > >be part of the
> > >party. Anyway, I don't have any real point to get at here; I'm just
> >commenting
> > >on the
> > >moral paradigm I see around me all the time; which affects me and that
> > >I am required
> > >to function within. And after all is asaid and done, at the end of the
> > >day, most everyone I know finds a way to sleep decently at night.
> >
> >Rationalization is a beautiful thing!
> >
> >:-)
> >
> >However, obviously you have to draw the line. It isn't a "victimless"
> >crime.
> >Illegal copying, trading and piracy radically affects my family and the
> >musicians who are involved in our projects (they receive royalties from the
> >sales), does that make it easier for you to do the right thing?
> >
> >As this forum regularly points out, there are lots of free and legal
> >alternatives for sounds. They're usually not as good as commercial
> >libraries,
> >but you get what you pay for. You don't HAVE to use illegally pirated
> >libraries to make a music business for yourself.
> >
> > >What if your not professional and not using it on a pro job, but only
> >using
> >it
> > >for your own personal non professional projects? And based on the cost
> > >to profit ratio you wouldn't normally buy these CDs. Of course it is
> >still
> > >illegal, but is the crime then as "bad"?
> >
> >It would be inconsistent for us to allow non-pros to use our samples on an
> >unlimited basis, while pros had to pay. It would be impossible to track,
> >since many bedroom productions now go on to be major hits. We have to keep
> >it
> >simple.
> >
> > >If u'r not professionnal, I mean u don't earn money with u'r music, u can
> > >do what u want !
> > >I don't know any report of any TRIAL against any kind of user.
> >
> >That's really bad advice. Individual, non-pro users get in trouble for
> >illegal copying and trading all the time. Just because you don't know about
> >it, doesn't mean that it doesn't happen regularly. Most people that have
> >illegal discs will get in trouble over it, it's usually just a matter of
> >when.
> >
> > >Did those companies invest in research to find a solution to not be able
> > >to copy Cd ? ...no...
> >
> >Yael, you are way off base here. You don't know what any of these companies
> >are doing. If you read the news, you'll see that these days every
> >intellectual property owner who is distributing on CDs/DVDs is working on
> >non-copyable CD technology. It is a huge hassle for everyone, but it is
> >necessary.
> >
> > >it's not a Money problem, even 1 $ ... when u win money u can buy those
> > >Cd,
> > >
> > >if it's an hobby u can do what u want...
> >
> >Your opinion, but not the law.
> >
> > >Here in the UK licences to play music recordings in public places, and
> > >places of work are administered by the PRS (Performing Rights Society)
> > >who collect the licence fees and distribute to the copyright holders as
> > >royalties.
> >
> >PRS, ACAP and BMI are organizations that license the performance of
> >compositions (songwriting). This area of Copyright Law is wholly separate
> >from the Sound Recording copyright. As such, our samples are not covered
> >under any agreements with any of these organizations. You have to buy the
> >disc (license) from an authorized Spectrasonics dealer or distributor.
> >
> > >Maybe we could have a group purchase of a studio and a set of horn
> >players,
> > >and share all the sounds together via rocket!!!!!!!!
> >
> >I would highly recommend this experiment. Everyone involved will have a new
> >appreciation of what is involved to produce a usable patch. Brass in
> >particular is insanely hard.
> >
> >Whew! Long post......hope that helps clarify some of these issues.
> >
> >Best regards,
> >
> >Eric Persing
> >Creative Director
> >Spectrasonics
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >
> >Best regards,
> >
> >Eric Persing
> >Spectrasonics
>
> _________________________________________________________________
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