You are talking about a lot of detail here Ravi, which in certain cases such as you describe is probably true. However these situations can be complex, and the simple question posted here was: >sample songs on the mp7 free to use? Key Word here being Songs - not fragments, not elements, not patterns - full blown composition, and that is different. There is indeed a law regarding Authorship - i.e. being the composer - which is not legally transferable. ASCAP and BMI can provide detail on that. This is even true in the movie biz, where certain composers have ghost writers - the detail behind the scenes is that those ghosters can and do register their works (I have done it many times) - and they do get paid royalties and mechanicals as the case may be - even if it is work for hire and otherwise anonymous in the credits. Even in originally non-documented situations (usually bands) where key individuals did not write the changes or lyrics but did (for ex) create the bass line or other substantial written parts of an arrangement, so much that it is deemed to be composition - many times those individuals are succesful in taking the case to court and winning settlements based on that. > 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. The movie studio or whomever does indeed own the publishing and the rights - but they do not own authorship. John Williams does not own the publishing to any of his music - it is all work for hire - but he does own authorship and he does get paid performance roylaties as the works are used in the commercial marketplace. The other detailed examples that you mention - getting permission, license etc - including the many license-free loop collections being created and sold these days - i.e. Roland, etc - true, and I think it can be assumed (altho I am guessing) that E-mu's Patterns can ~probably~ be used licence-free to create new works. I cannot speak for E-mu however, and I have never seen any statements that E-mu has made concerning this subject. Bottom line is that it can be a very complex situation that is many times not Black and White, which means that this statement: >and go talk to an entertainment or intellectual property attorney Is good advice. Happy Toning EM --- In xl7@yahoogroups.com, "Ravi Ivan Sharma" <sharmalaw1@h...> wrote: > 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] > > > > > > ------------------------------------------------------------------------------ > Yahoo! Groups Links > > a.. To visit your group on the web, go to: > http://groups.yahoo.com/group/xl7/ > > b.. To unsubscribe from this group, send an email to: > xl7-unsubscribe@yahoogroups.com > > c.. Your use of Yahoo! Groups is subject to the Yahoo! Terms of Service. > > > > [Non-text portions of this message have been removed]
Message
Re: MP7 Samples
2005-06-12 by vibesart