What instruments can you sample legally?

[TheGuysanIdiot]

Hi All,

While Jo is hard at work sorting out M3 for us and to keep myself amused in the meantime I thought I would take this opportunity to ask the MULAB forum members what they think about sampling instruments and the law.

I am no lawyer and only have a basic understanding on this subject. But I will share my thoughts.

When I use the term sampling I am NOT talking about using bits of other peoples songs taken directly from an existing record and then adding them to your own compilation this is obviously a no no without the original copyright owners permission.

What I am talking about is sampling drum kits, guitars, analogue synths, digital synths, VSTi synths and drum machines etc.

MULAB has two very good samplers that can be used to play back such samples.

I am pretty sure I can sample single hits from my acoustic drum kit I would then be the copyright holder of these samples/recordings.

I think it is OK to sample older analogue synths that could not store presets and each slider would need to be moved by hand to recreate a patch sound.

The grey area seems to be with digital synths and digital drum machines and probably VSTi instruments where presets can be stored.

Anyway that should get the ball rolling.

Anyone got any ideas on the above?

OZ

[whyterabbyt]

in case you didnt know, you'll find several existing threads covering this topic in the samples and sampling forum.

rules of thumb :

• * if its analog or acoustic, you can distribute samples of it
  * if its something based on recorded samples at all, dont distribute samples of it.
  * if its a digital synth, using stored waveforms, you are potentially in a grey area depending on the type of synthesis
  * dont distribute samples of presets

edit : point of distinction raised by emdot : sampling for your own use isnt covered. its distributing them to other people that is the problem.

[emdot_ambient]

The grey area...

I think you said it right there. I'm not sure there's a clearcut answer to your question.

For example, there have been thousands of samples made/distributed of the classic Roland drum machines, even those based on samples themselves, and AFAIK Roland has not prosecuted for copyright violations on those.

However, if you go and sample, say, a D-50's PCM samples and distribute them, you might very well get in trouble...certainly it would be chancy to do that and then use them in a D-50 emulation without permission.

["Not a lawyer" disclaimer] If you're sampling an instrument you own and using the samples for personal use, I don't think there's any problem. Distributing them (even free) might be cause for concern. Selling them, more so.

[emdot_ambient]

* dont sample presets[/list]

Yeah, that's definitely out.

[MWSOS]

in case you didnt know, you'll find several existing threads covering this topic in the samples and sampling forum.

Indeed there are, and one recent one is here:

www.kvraudio.com/forum/viewtopic.php?t=270614

I was particularly impressed by all the knowledge displayed by hollowsun, who's been a professional sample developer for many years and knows this stuff inside out

Some good rules of thumb there from whyterabbyt too


Martin

[eduardo_b]

Distributing them (even free) might be cause for concern. Selling them, more so.

Giving copyrighted content away is not legal even though people do it all the time. Giving a CD you've burned to someone would be illegal, whereas giving them a CD you bought is completely legal.

Couples who burn CDs of their favorite music to give to wedding guests are in violation of copyright law despite their good intentions. But whose looking or cares other than IP lawyers.

[TheGuysanIdiot]

Thank you to all that have responded so far.

I followed the links suggested and it makes for some very interesting reading.

And thank you for the "rules of thumb" they seem to make good sense.

I myself am not interested in creating sample libraries, but I have recently entertained the possible use of existing sample library CDROMs. I have always been uncertain of the content of such libraries.

I am currently writing my first album and mainly use commercial VSTi synths along with my own guitar playing.

I use products such as NI Battery 3 for acoustic drums. I have recently been looking into electronic drums for my music compositions. I noticed that there are many "Drum Machine" sample CDROMs in the market place and it is probably this that has sparked my interest in "Sampling".

On my Christmas list is the "Waldorf Edition" plugins and that has a non-sample style drum machine that creates sounds similar to the classic drum machines of old.

It does seem that "sampling" can get a bit confusing and I think I am better to stay away from sample libraries and such like in general.

Thanks for your replies.

OZ

[duncanparsons]

Should you come across, or have in your possession, a Bellotron, I would be very interested in a sampleset of it.