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Re: [L-OT] Are synth sounds protected by copyright?

2001-07-03 by Spectro

>Hi,
>This OT has been bugging me.
>When you use samples from a sample disk, you pay a licence fee(included in
>the price of the sample disk) to use samples.

Actually you pay a license fee even if you buy the CD but
don't use the samples ;)

>What happens if you have some synths and you sample the sounds of those
>synths and you use them when recording a project?

You should feel good. Anyway, how the hell do you use a synth
in a recording if you don't sample or record it?

>Are you doing something illegal?

Only if Megacorporate entities completely get their way.
In other words no, err,  not yet... Though I believe
Microsoft has copyrighted Algorithmic Composition(!!!)

>With samples you get those tiny letters that say something about
>copyrights. But in my synth manual there isn't anything that says that the
>samples in the synth are protected by copyright.

The design of the synth is copyrighted by the designer/manufacturer...
The sounds you produce with it are copyright free. It would be
absurd to have things otherwise.

>I wanted to discuss this since a lot of musicians do this when going on
>the road. But there are also people who distribute free samples of known
>synths on the net for free; I won't mention the link, but there were some
>pretty nice Soundfonts of some of the big name synths like Waldorf,
>Novation and Korg Oasys.
>I've also done some sampling of my synths, in case they go to
>synth-heaven, :-). Put them sounds nicely on CDR.
>So, when is it legal to use samples and when not?

Here is how I unsderstand it. Note that I am not an IP Lawyer and  the
apparent fluidity of legal interpretation may render my  opinions
completely wrong, but:

Generally, you can use any sample you like without concern for licensing
provided the sample is not a musical *phrase*  from a pre-existing composition
a spoken phrase from a film or audio recording, or if it is a trademarked
sound.
(AFAIK Harley's  sound is trademarked for example, but this is mainly to
prevent
other motorcycle manufacturers from reproducing the Harley Sound\ufffd  in their
bikes,
not to prevent sampling...)

I really would not worry about sampling synths you own. And if that ever were
a serious  issue I would say 'Fight the power... dakadakadakadakadakadaka
da da da'

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