So many tunes use breaks from James Brown stuff for example.
But if you chop up the rhythm into something not resembling the original, is it ok to use it in a commercial release? Seems like that should be derivitive work and not actionable?
It seems there's a grey area there. Is it still different from the original if you only rearrange one kick drum hit for example?
I guess I'm wondering how much a sample needs to be modified to make it....well...legal to use.
Are you breaking copyright if you chop up a sample?
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- Beware the Quoth
- 35484 posts since 4 Sep, 2001 from R'lyeh Oceanic Amusement Park and Funfair
Technically, copyright actually covers derivative works.
You can modify a sample as much as you want, indeed as much as you can and, legally, it would still be a derived work, and thus covered by copyright.
Once its no longer recognisable though, then the common assumption is that (a) noone will work it out and (b) noone will be able to prove it.
You can modify a sample as much as you want, indeed as much as you can and, legally, it would still be a derived work, and thus covered by copyright.
Once its no longer recognisable though, then the common assumption is that (a) noone will work it out and (b) noone will be able to prove it.
An idiot on Set Theory:
"In some cases there is an object called red that contains everything that is red. In much the same way a pot is a plate."
"In some cases there is an object called red that contains everything that is red. In much the same way a pot is a plate."
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- KVRist
- 188 posts since 30 Oct, 2004
Why is this question asked at least once a week? Use the search. It is illegal to sample *ANYTHING* without the author/publisher's permission.
Now, whether or not you'll be caught is a different story.
Now, whether or not you'll be caught is a different story.
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- KVRAF
- 4222 posts since 23 Feb, 2004 from Tucson Arizona USA
Depends entirely on where you live.
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- KVRist
- 401 posts since 4 May, 2004
when you do meet him shoot him on site as he could easily mean the end to all sampling.CypherOne wrote:who's this 'noone' fella and can I meet him cos he sounds dead clever.
Obviously a computer still can’t throw a television out of a hotel window or get drunk and be sick on the carpet, so there is little danger of them replacing drummers for some while yet. -- Nick Mason
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- KVRAF
- 2356 posts since 30 Sep, 2003 from Sunny Staffordshire
Exit Zero wrote:So many tunes use breaks from James Brown stuff for example.
But if you chop up the rhythm into something not resembling the original, is it ok to use it in a commercial release? Seems like that should be derivitive work and not actionable?
It seems there's a grey area there. Is it still different from the original if you only rearrange one kick drum hit for example?
I guess I'm wondering how much a sample needs to be modified to make it....well...legal to use.
It is theoretically illegal, yes. But I wont tell anyone if you dont
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- KVRAF
- 2935 posts since 14 Dec, 2003 from Edinburgh
Most commercial drum n bass features large amounts of sampled material, and they're all still OK.
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- KVRian
- 1335 posts since 23 Sep, 2003 from ocation: cation: ation: tion: ion: on: n: :
I guess unless you really make loads of $$$ with your release, the copyright holder won't bother to sue your ass anyway.
the the impotence of proofreading
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- KVRian
- 508 posts since 6 Jun, 2004
Who cares, just go for it. btw yeah, you are breaking the law, but don't we all?
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- KVRAF
- 2608 posts since 26 Aug, 2002 from here
what i wonder is if you sample someone elses illegal sampling are you breaking the original copyright ?
i always figured thats what the drum & bass guys were doing when they all used amen
i always figured thats what the drum & bass guys were doing when they all used amen
I believe every thread should devolve into character attacks and witch-burning. It really helps the discussion.
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- KVRAF
- 19156 posts since 13 Feb, 2003 from Vancouver, Canada
Well, Amen's kind of in it's own category...where's the link to that documentary?
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- KVRAF
- 1811 posts since 18 Jan, 2005 from Lost in the blinding whiteness of the tundra
Which is kind of silly really, given the (fairly lax IIRC) rules on how much you have to modify a melody before you no longer have to pay the original writer. I really think it would do the music industry a lot of good (ie result in a lot more exciting new music and thus a lot more people buying lots of records) if they pulled their heads out of their arses on sampling.whyterabbyt wrote: You can modify a sample as much as you want, indeed as much as you can and, legally, it would still be a derived work, and thus covered by copyright.
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- KVRist
- 393 posts since 19 Apr, 2005
If you modify it enough it will be unrecognisable from the original.
Therefore the answer is yes you will have "broken" the copyright
and can go ahead and use the sample.
Having said that.... it's much more fun to make your own..
Therefore the answer is yes you will have "broken" the copyright
and can go ahead and use the sample.
Having said that.... it's much more fun to make your own..
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- KVRist
- 401 posts since 4 May, 2004
Yes you are, even if the person sampling it in the first place cleared the sample.ericj23 wrote:what i wonder is if you sample someone elses illegal sampling are you breaking the original copyright ?
i always figured thats what the drum & bass guys were doing when they all used amen
Obviously a computer still can’t throw a television out of a hotel window or get drunk and be sick on the carpet, so there is little danger of them replacing drummers for some while yet. -- Nick Mason