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]
>
>
>
>
>
>
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