The drum beat and timbres from "When The Levee Breaks" (LZ-IV) Has been sampled and used a few times. Maybe hundreds of times. The magic of that drum sound is the recording method and the space it was recorded in. --- In newmellotrongroup@yahoogroups.com, Mike Dickson <mike.dickson@...> wrote: > > On 27/02/2011 01:59, John Hammaren wrote: > > > > I guess this topic gets my ire up, since although I have the utmost > > respect for the work and creations of others, the current state of > > intellectual property law is a freaking mess IMHO. > > > > As ever, the law is driven by those who can afford to drive it. > > > Iâm not a lawyer, but it hardly takes one to realize this. > > > > I'm not a lawyer either, but I do have a Masters in Law and part of that > took in the subject of copyright, designs and patents. > > > Throw in the current software patent nonsense and we have a bigger mess. > > > > Interesting side note: you cannot patent software. It's specifically > excluded from patent. You can copyright it, but since /ideas /cannot be > copyrighted then it means algorithms cannot be copyrighted either. If > you had the means you could make a functional close of (say) Microsoft > Windows and Bill Gates could not touch you for it. Why? The source code > would be different. The code is your work of 'art' and hence falls into > the territory of copyright, not patent. Unless you have copied large > parts of it /verbatim/ then you will be okay. > > > Pretty soon we will be able to copyright the timbre of our God given > > voices the way things are going. > > > > You can. One firm (in 1987) tried to copyright a single /letter /which > was associated with their name. IBM tried the same thing with their > abbreviated name and also failed. (Narrowly) This veers into the > territory of trade marks, where a visual identifier is associated with > name or product. This > <http://upload.wikimedia.org/wikipedia/commons/thumb/5/51/IBM_logo.svg/800px-IBM_logo.svg.png> > says 'IBM' whereas the same thing in copperplate script does not. If a > visual aid works then why not an audio one? If someone has a very > distinctive voice (I'm thinking in terms of scale like Diamanda Galas > <http://www.youtube.com/watch?v=yAFbYN_8e7g> here) then why not? I'm not > saying it's right or wrong, but I am saying that it's evidently possible. > > My favourite ever sampling story has to be the one about David Bowie's > track 'Lets Dance'. It was very popular back in the day and that was > oput down to the drum timbres. The kick drum and snare from the opening > sequence were sampled /to shreds/ and were featured on dozens of other > contemporary tunes, thanks to the Fairlight CMI. Bowie;s production team > made litigious noises, but it all came to nothing. > > Why? Because both were sampled from 'Moby Dick'. > > > -- > Mike Dickson, Edinburgh > > Free Music Project: http://www.mikedickson.org.uk/ > Or http://www.last.fm/music/Mike+Dickson > Or http://soundcloud.com/mikedickson > Or http://www.planetmellotron.com/revd4.htm#mikedickson > Or http://www.myspace.com/mellotronworks >
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Re: samples and copyright
2011-02-27 by ClayE
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