I disagree with pretty much everything vibesart has said. Except his last point that if you do it all yourself you are totally free.
One should take a look at www.uspto.gov faq sections and for samples take a look at http://www.low-life.fsnet.co.uk/copyright/index.htm
AFAIK, you are licensed to use the preset patterns in the machines you buy. Roland says this in the preamble to their groovebox manuals. I bet Emu/Creattive takes this same position.
In general on can HAVE a copyright on any new work even though you may be using elements of other's work (the key is that you have permission to do so-- which in this case I believe you do). This is done all the time, in fact there are specific provisions dealing with having new copyright based on a new combination of previous works, etc. The main thing is you have permission, also called license, to use any elements, whether major or minor inside your otherwise new original composition, which you certainly have copyright to.
Also the statement that you cannot release commercially that which you do not have a copyright on is not correct. You can release something you do not have a copyright on, if
a) the holder of the copyright(s) says you can, (like a sample of a released recording),
b) you have a right to release but pay royalties (wsuch as your right to *cover* another's song but pay royalties on your sales) or
c) there is *no* holder of copyright, you or anyone else (i.e. releasing a nice Bach tune).
So the only time you cannot *legally* release commercially that which you do not have a copyright on occurs when you release samples or recording of other's master recordings where they do not give you permission. Covering a track (i.e. rerecording a beatles tune) is okay, but you will owe royalties after the fact.
I do not know what federal law (which country also) prohibits the transfer of rights. This is done as a matter of business ALL the time. For example I hire you to help me produce some hip hop. We sign an agreement by which I agree to pay you in return for you agreeing that any artistic elements that arise while you are on the job in my studio are MINE as a work for hire. Viola, you have just transfered your rights. Called a "work for hire". You can even sell away any right to have a credit.
Another example is when I sell someone a song, I sign a contract and give you whatever I please to give you in exchange for money or something else of value.
Movie studio's buy and sell the rights and coprights to scripts and soundtracks like squares on a monopoly board as a matter of daily business.
So, the bottom line is, if you need legal advice, do not trust what you hear on a maillist (even what I have said here). Check
www.uspto.gov faq sections and for samples take a look at http://www.low-life.fsnet.co.uk/copyright/index.htm
and go talk to an entertainment or intellectual property attorney.
Ravi Ivan Sharma
Original Message -----
From: vibesart
To: xl7@yahoogroups.com
Sent: Sunday, June 12, 2005 12:04 PM
Subject: [xl7] Re: MP7 Samples
You could not copyright the music - because you did not write it - and
that means that you could not release it commercially. The tunes that
exist in ROM are to demonstrate the MP7's sounds in use. Federal law
even prohibits transfer of authorship from one party to another (even
if the composer wants it that way). Use the MP7 tune as inspiration to
write something that is uniquely yours - and then you are free.
--- In xl7@yahoogroups.com, Cornell <brothacee@y...> wrote:
>
> My question is this. Are the sample songs on the mp7 free to use?
I've >recently been checking them out and I have found one that I
would love >to put some lyrics to but I want to make sure that these
samples are >free to use however one may see fit.
> [Non-text portions of this message have been removed]
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Re: [xl7] Re: MP7 Samples
2005-06-12 by Ravi Ivan Sharma