KVR Audio

aldoofbanga · Post by **aldoofbanga** » Thu Mar 02, 2006 11:41 pm

Hi

I have sampled the drum hits from a Zoom drum machine. Can I legally provide these to others ?

cheers
al

John Vulich · Post by **John Vulich** » Thu Mar 02, 2006 11:44 pm

Don't know if it's legal but people seem to do it all the time. If you don't plan on selling it I don't think you would be exposing yourself to much liability.

aldoofbanga · Post by **aldoofbanga** » Thu Mar 02, 2006 11:47 pm

Cheers. I'll wait till I find out if it's 100% "kosha"
thanks
al

vikernes · Post by **vikernes** » Fri Mar 03, 2006 12:06 am

Quite certainly, no.

sonicfire · Post by **sonicfire** » Fri Mar 03, 2006 12:10 am

spacefox · Post by **spacefox** » Fri Mar 03, 2006 12:10 am

Basically - if the machine itself is sample based, you can't. If it isn't, you can.

You can distribute your own samples, as long they are not samples of someone else's samples. Or something like that.

John Vulich · Post by **John Vulich** » Fri Mar 03, 2006 12:25 am

spacefox wrote:Basically - if the machine itself is sample based, you can't. If it isn't, you can.

We've had similar discussions on this forum more times that I care to remember.

There are countless sample CDs available of drum machines and synth presets. I have yet to hear of any lawsuits due to these products. For f**k's sake. If Roland sues you for sampling one of their sample based drum machines, what's to stop the manufacturer of the actual drums, that they sampled, to go after them? It's a potentially slippery slope here. My opinion is that it's probably illegal but I doubt that any of these companies would want to open up a potentially messy can of worms by pursuing a lawsuit.

If you're really worried about it, call an attorney up and pay him a few thousand dollars for his advice.

aldoofbanga · Post by **aldoofbanga** » Fri Mar 03, 2006 12:27 am

well i assume the machine is sample based to be honest, though Im not sure 100%.

John Vulich · Post by **John Vulich** » Fri Mar 03, 2006 12:34 am

You didn't answer. Are you gonna try and sell it or give it away for free? If you're giving it away, I wouldn't worry yourself about it.

spacefox · Post by **spacefox** » Fri Mar 03, 2006 12:47 am

@John Vulich:

I agree that doing that will probably won't get you into any trouble, but the guy asked about the law - not about getting caught

About the manufacturer of drums suing Roland: what protected under copyright is the recording. This is the same protection recording preventing me from sampling any of your songs without premission. As accoustic drums aren't recording, they are not protected by the same law.

The situation is absurd just because the laws were passed in a world without samplers and samplists. Before plagiarism became an art form. This is why a recording is a recording, in the eyes of the law. Be it a whole song or a single drum hit.

aldoofbanga · Post by **aldoofbanga** » Fri Mar 03, 2006 12:54 am

Give it away (just sf2's of the kits from the box). But as the fella above said, I'm more interested in doing the right thing than finding out what I can get away with. But, I really appreciate your comments, thanks!

spacefox · Post by **spacefox** » Fri Mar 03, 2006 1:40 am

aldoofbanga wrote:Give it away (just sf2's of the kits from the box). But as the fella above said, I'm more interested in doing the right thing than finding out what I can get away with. But, I really appreciate your comments, thanks!

Well, obeying the law and doing the right thing are not one and the same.
But that's an entirely different matter.

Ildon · Post by **Ildon** » Fri Mar 03, 2006 1:53 am

Usually I don't jump in these kinds of conversations, but here, this is straight from Edirol:

Edirol Hyper Canvas License Agreement wrote:...You shall not loan, rent, lease, sublicense or transfer the software, whole or in part, to any third party.

So I think we can safely assume they don't want you sampling and then redistributing their stuff, as the sounds themselves are a part of the software. I'd just avoid doing it at all, eventhough lots of people do it already.

Oh, and yeah, I know this guy isn't asking about Edirol specifically, but I think this can be applied to any sample-based piece of software or hardware.

Spe3D · Post by **Spe3D** » Fri Mar 03, 2006 1:59 am

aldoofbanga wrote:Hi

I have sampled the drum hits from a Zoom drum machine. Can I legally provide these to others ?

cheers
al

My guess is you should write to the manufacturer - that way you will know for sure.

In short though - if its sample based, it is most probably illegal to sample it and distribute it - unless you have it in writing from the manufacturer saying that you can sample and distribute it.

Best regards,

Spe3d

:O)

John Vulich · Post by **John Vulich** » Fri Mar 03, 2006 3:07 am

Ildon wrote:Usually I don't jump in these kinds of conversations, but here, this is straight from Edirol:

Edirol Hyper Canvas License Agreement wrote:...You shall not loan, rent, lease, sublicense or transfer the software, whole or in part, to any third party.
So I think we can safely assume they don't want you sampling and then redistributing their stuff, as the sounds themselves are a part of the software. I'd just avoid doing it at all, eventhough lots of people do it already.

Well, then I guess that the legal departments of companies like Roland better get on the ball and start filing lawsuits against companies like Big Fish Audio...

http://www.bigfishaudio.com

Maybe they licensed the sounds. I don't know. There certainly isn't any mention of licensing on their site. I would imagine that they had to at least license, or clear, usage of the logos.

If I sample a drum machine can I legally provide SF2's?