Is that infringement?

[mcnoone]

Then surely the original poster can record the synths he wants to and re-package them. If copyright pertains to the recording. It's his recording of those sounds.

No because synth presets also are protected under copyright laws.
If they record the preset, and it's waveform and sound is the same as your recording of the preset.
Then it's copyright infringement.
(of course I'm only repeating something I heard from someone more informed on the subject)

[Count_fuzzball]

As you mention it: When it comes to samples, copyrights have got absolutely nothing to do with "artistic expression". The only artistic value being copyrighted as all is covered with song copyrights - and those laws are almost abysmal.
As an example: If you, say, reprogram the "Amen break", nobody could sue you at all, even if you manage to rerecord/program it as close as it gets. The same would be true if you, say, rerecorded the guitar lick from "Black Or White".
OTOH, if you took just one chord of the latter (from the original recording) and re-used it, someone (probably Sony) could sue your ass big time.
So, the only thing that is protected here is whatever "productional value", it's got nothing to do with artists interests at all.

- Sascha

The Amen Break is actually in Public Domain since it was used in so many hip-hop songs and the fact that The Winstons haven't sued anyone yet who used it (to be fair, it'd be difficult to sue every single person that has used the amen break).



is incredibly interesting, IMO.

[whyterabbyt]

The Amen Break is actually in Public Domain since it was used in so many hip-hop songs

Nothing in the definition of 'Public Domain' supports that theory. Copyright does not 'wear out' after sufficient infraction.

[Count_fuzzball]

The Amen Break is actually in Public Domain since it was used in so many hip-hop songs

Nothing in the definition of 'Public Domain' supports that theory. Copyright does not 'wear out' after sufficient infraction.

AND the fact that The Winstons haven't sued anyone for using it, the copyright holder of the song that features the break said he doesn't care about it.

[breakmixer]

The Amen Break is actually in Public Domain since it was used in so many hip-hop songs

Nothing in the definition of 'Public Domain' supports that theory. Copyright does not 'wear out' after sufficient infraction.

AND the fact that The Winstons haven't sued anyone for using it, the copyright holder of the song that features the break said he doesn't care about it.

But what about Lyn Collins, Issaac Hayes & Bob James etc, are/were they ALL not bothered? I have heard numerous times snippets of the 'Think' break on supposedly 'Royalty Free' sample CD's from big name commercial sample librarys, so in fact these companys are lying saying they are 100% royalty free because you could(BIG COULD) get done for copyright breach using them, Also thinking back James Brown wasn't bothered but the record label was...

It doesn't stop me using rexed breaks though from old 70's funk tracks! Long live breakbeats....

[yellowfever]

Nothing is unsampleable

[whyterabbyt]

AND the fact that The Winstons haven't sued anyone for using it, the copyright holder of the song that features the break said he doesn't care about it.

that doesnt put it in the public domain. you have checked the legal definition of public domain, havent you?