KVR Audio

thecontrolcentre · Post by **thecontrolcentre** » Mon Jul 18, 2016 8:33 pm

Thats commercial use.

nineofkings · Post by **nineofkings** » Mon Jul 18, 2016 10:07 pm

If the use is transformative and the song doesn't sound like 2 Unlimited, you might be able to get away with it and be legally in the clear, according to that recent precedent I posted about earlier. Any reason you can't try to recreate the patch yourself?

To be ruthlessly honest and break away from the general hard-line vibe of KVR, nobody is going to come after you for such a short sample in a YouTube video unless you get tens of millions of views.

Shabdahbriah · Post by **Shabdahbriah** » Mon Jul 18, 2016 11:21 pm

heloo wrote:Is this (commercial release) for youtube videos too? I wanted to have only a short intro with that synth for my videos.

I assume it's the bit that kicks in @0:07-0:13?

Yes, it is "illegal" to sample it, and use it without permission... however, the use you describe "as an intro to my youtube video's", is not as potentially "exploitative" as a number of other things you could do with it, (as in; a 'track' you release), though as stated, it IS "commercial" if you are "profiting" in any way.

You could/should give them credit in your 'notes' under the video's, if you do use it. e.g. "Intro synth riff from ... ". and a link to their website, baring in mind that it will undoubtedly be recognized, and someone will probably call-you-out on it, as well as the "fans" that will say how much they love that track/that group.

(Maybe, do one of your vids using it as intended, and send it to them privately, https://www.facebook.com/official2unlimited asking permission to use it. Naturally you'd go on and on about how obsessed you've become with the sheer coolness of that riff. If they say "yes", you could say in your notes; "used with permission")

As previously mentioned, unless you're getting millions of 'hits', I doubt very much, that anyone is going to sue you, though they may well send you a "cease/desist". That 'choice' lies purely with them, not you.

TBTH, it's a cool riff, but I would just mimic it (using a Vsti, or hardware synth), by adding/dropping a note here and there... and call it a day. [2c]

heloo · Post by **heloo** » Mon Jul 18, 2016 11:41 pm

thanks for your answers,

@nineofkings

I do not have the Equipment to make it, so i asked a producer from that marketplace.
Most of them gave me a similar snyth that I didnt like.

@Shabdahbriah

It is just the tone/sound of the synth, not the melody or beat.
I would give the producer my melody that i composed.

aciddose · Post by **aciddose** » Tue Jul 19, 2016 1:56 am

Case-law in the US has demonstrated that if any typical listener could identify the sound as "the same" or similar in comparison and in addition evidence was presented that it was intended to emulate the source sound (as recorded here on the forum) then yes, you're liable for some portion (judged subjectively) that this sample made up in your track.

https://en.wikipedia.org/wiki/Grand_Upr ... cords,_Inc.

You're even liable if you recreate the sound with an entirely different synth in the case that a "typical listener" (not sure the term used?) would consider the sound "notably unique" as opposed to "typical" as you are then duplicating the "discovery" of this sound by the original author which is now protected in the US.

(Can't find the case quickly on Wikipedia.)
Here it is (I think?): https://en.wikipedia.org/wiki/Bridgepor ... sion_Films

It might seem strange but really it isn't since as the complexity of the sound increases it becomes more "unique"; a sequence of notes is protected by copyright and so why not an equally complicated preset on a synthesizer?

BITWORD · Post by **BITWORD** » Tue Jul 19, 2016 2:02 am

It's more bother than it's worth, just create something of your own and you will feel better about it...

SampleScience · Post by **SampleScience** » Wed Jul 20, 2016 4:35 pm

heloo wrote:I do not have the Equipment to make it, so i asked a producer from that marketplace.
Most of them gave me a similar snyth that I didnt like.

I would avoid using a sampled synth riff from a commercial recording in a YouTube video because of their copyright claim system. You could contact a producer like Dj Puzzle (I think he's on fiveer or google him) and ask for an original synth riff. If you're making money with your video you better go the professional route and clear everything just to protect your product.

heloo · Post by **heloo** » Wed Jul 20, 2016 10:34 pm

And is it ok to take the same synthsound, NOT with the No Limit melody, but with a melody that I composed?

Shabdahbriah · Post by **Shabdahbriah** » Wed Jul 20, 2016 11:45 pm

heloo wrote:And is it ok to take the same synthsound, NOT with the No Limit melody, but with a melody that I composed?

Not as a "sample" of THAT track/video. Perhaps, the right question (re-direct) would be:

"What Vsti {freeware/payware} makes this sound?" {declare precisely where/what the sound is, in the track. e.g. @01:27-01:42, etc}... then you will get numerous responses, that will lead you to achieving it, and could do whatever you fancy "melody" wise.

(I didn't listen again before posting this, or I would contribute my 2c on "source"... perhaps later)

aciddose · Post by **aciddose** » Wed Jul 20, 2016 11:52 pm

If you intend to duplicate the sound and the sound would be considered "unique" by a typical listener (they only need to demonstrate one, not "average" or anything) then no, it isn't okay with your own melody.

A famous example: "satisfaction saw".

If you were to duplicate this sound it would be infringing. The sound itself is defined in enough detail to make it unique. The average listener aware of the original sound would immediately identify your sound as being a duplication attempt.

heloo · Post by **heloo** » Thu Jul 21, 2016 12:07 am

I see.

I also like this synth that you hear from the start:

https://www.youtube.com/watch?v=mfWb_60lhw0

And here is a synthsample that a producer made, which i would take for my melody that I composed.
http://picosong.com/tSek/
What do you say about this?

aciddose · Post by **aciddose** » Thu Jul 21, 2016 2:51 am

What I say doesn't matter. It's a question of if anyone would say the sound is a duplicate of a sound unique enough to be considered eligible for protection and if the copyright holder would consider it worthwhile to sue.

The fact that you need to ask means it is obvious enough that you'd lose the case, so why bother asking?

Use a sound which is obviously not eligible or create your own sounds and you won't need to ask anything.

heloo · Post by **heloo** » Thu Jul 21, 2016 3:00 pm

Ok thanks.

Another question: What would happen if I take 2 synths so that you can not clearly hear that it is this and that synth?

heloo · Post by **heloo** » Thu Jul 21, 2016 3:02 pm

heloo wrote:Ok thanks.

Another question: What would happen if I take 2 synths so that you can not clearly hear that it is this and that synth?

(put the one synth over the other)

chaosWyrM · Post by **chaosWyrM** » Fri Jul 22, 2016 8:30 am

whyterabbyt wrote:
ATN69 wrote:Sampling a sound is not illegal
If you sample anything which originated as a recording, then it can be.

this again?

under no circumstances is sampling anything illegal.

things that are illegal wind you up in trouble with law enforcement agencies and maybe land you in jail. sampling is a civil matter and can only land you in a law suit.

no cops are ever going to bust down your door and cart you off in handcuffs because you sampled that bass.

it is not illegal to sample...period.

but it could cost you a bunch of money if you get caught...sued...and loose....(which is never going to happen...but it could...(but it wont)).

Is it legal to sample a synth?