KVR Audio

Sonic Assault · Post by **Sonic Assault** » Sun Sep 18, 2005 10:52 am

Free Sampling Killed by Court of Appeals
Published: Sep. 9, 2004
By Mike Darrah

On Tuesday, the 6th Circuit Court of Appeals in Cincinnati turned the playing field for digital sampling completely upside-down. The court ruled quite simply that any and all samples used must paid for, even if they sound completely different from their original. Previously, if a digital sample wasn't identifiable from it's original it was perfectly legal.
The court stated that the recent federal laws aimed at stopping piracy of recordings applied directly to digital sampling also, slapping any and all artists who use samples in their works in the face with the very laws some of them fought for.
With the new rules and current state of the industry (greed), many speculate that if this ruling existed before many classic hip-hop albums such as Paul's Boutique from the Beastie Boys would quite simply be too difficult to get proper licensing for to release.
What does this mean for the future of digitally produced music built upon sampling? One thing is for sure, under the current ruling, artistic innovation has been smothered by greed. There is one clear winner in this ruling, copyright lawyer's, as it also opens the floodgates for massive future litigation on any and all works using digital sampling.

Found it on the WinAmp site.

Jez

Failed Muso · Post by **Failed Muso** » Sun Sep 18, 2005 10:56 am

An old story, and a ruling that has not seemingly stifled musical creativity. The art wins thru every time

Distorted_Mastermind · Sun Sep 18, 2005 11:04 am

that's pretty harsh. some stuff would be hard to prove anyway and that's probably why the law was definable. that will be a pain, and it will probably leave people looking for lawsuits (cash). not eveyone has a spare brass or string section handy. more motivation to make badass plugins i guess

. it is sad. if i want to take a single note or two out of a song and play it on a synth and make a whole new progression out of it, that should be fair game. it saves broke asses like myself money i don't have to spend

Sonic Assault · Post by **Sonic Assault** » Sun Sep 18, 2005 11:12 am

Lovesign wrote:An old story, and a ruling that has not seemingly stifled musical creativity. The art wins thru every time

Yeah, I think your right. The whole thing seems un-workable, how the hell can they prove a sample which sounds completely different isn’t an original work. The next thing will be some twat trying to copy write the sine wave.

synthpulse · Post by **synthpulse** » Sun Sep 18, 2005 11:51 am

By the time I finish mangling a sample, I, myself, have no idea what the original source was

. Fat chance the "sample police" will ever figure it out. What a waste of Judicial time and money. This country is out-of-control, and spiralling towards fascism.

Sonic Assault · Post by **Sonic Assault** » Sun Sep 18, 2005 9:43 pm

synthpulse wrote:This country is out-of-control, and spiralling towards fascism.

It’s getting like that in the UK. On a quiet night you can hear der fuehrer Blair stomping up and down Downing Street in his jack boots.

Jez

androidlove · Post by **androidlove** » Sun Sep 18, 2005 9:49 pm

whatever happened to doin it yerself? why would any1 use sampled parts? if ya make music with other's bits (not virtual instruments or virtual vocalists) or pre-made loops, are you really a musician?

stilaktive · Post by **stilaktive** » Sun Sep 18, 2005 10:48 pm

well about a billion hiphop artists would disagree

androidlove · Post by **androidlove** » Sun Sep 18, 2005 10:51 pm

i'm talkin about music

The Chase · Post by **The Chase** » Sun Sep 18, 2005 10:52 pm

What are they going to do, rummage through my FL Studio project files? f**k them. I'm tired of relying on people like ZER0-G to use 2nd generation samples.

The Chase · Post by **The Chase** » Sun Sep 18, 2005 10:56 pm

androidlove wrote:i'm talkin about music

well if hip hop's not your fancy, how about every other genre that has fashioned using 2nd generation samples like, oh, 99% of modern electronic music? Such sampling has worked its way into just about every other genre as well.

I wonder if anyone will actually take action ever. I mean what is going to cause someone's concern if none of the samples are recognizable? That's impossible.

androidlove · Post by **androidlove** » Sun Sep 18, 2005 11:06 pm

Chase wrote:how about every other genre that has fashioned using 2nd generation samples like, oh, 99% of modern electronic music? Such sampling has worked its way into just about every other genre as well.

really, that's what i'm saying. why sample some1 else's talent? are these samplers lacking the amount of talent they steal from others?

The Chase · Post by **The Chase** » Sun Sep 18, 2005 11:08 pm

androidlove wrote:
Chase wrote:how about every other genre that has fashioned using 2nd generation samples like, oh, 99% of modern electronic music? Such sampling has worked its way into just about every other genre as well.
really, that's what i'm saying. why sample some1 else's talent? are these samplers lacking the amount of talent they steal from others?

Taking samples from songs isnt anymore unoriginal than taking them from sample CD's.

androidlove · Post by **androidlove** » Sun Sep 18, 2005 11:11 pm

i agree

topaz · Post by **topaz** » Sun Sep 18, 2005 11:27 pm

yeh, it's a bitch.

I got 180 hours community service for making this loop
www.topazproductions.co.uk/temp/before.wav

into this new 6/8 loop
www.topazproductions.co.uk/temp/after.wav

bastardz

ps, you need a loop app to play these.

Sonic Assault wrote:The court ruled quite simply that any and all samples used must paid for, even if they sound completely different from their original.

Has any one seen this yet?