Electronic Instrument Sample Law

[doulos]

Hello there I'm having some legal issues with knowing what can and can't be done with electronic instruments. a Major Electronic Instrument Manufacturer has pulled my sample cds claiming copyright infringement cause I made drum and synth samples using there drum and synth modules even though I did not sample any waveforms to tape. I had it run through a $10,000 recording chain prior to any recording plus tons of post processing they still claim that since any part of the sound was used to create the samples I am violating there copyright how is that possible? that they own every sonic possibility known to man cause I used a sound from their drum and or synth brain prior to recording? if this is true and legal then according to this manufacture there should be zero samples or loop cds for that matter that uses any electronic instruments cause any sound created by such instruments is an infringement of copyright that is not used in a musical work. what are my rights concerning this? I see hundreds of companies that sell sample and loop collections of electronic sounds and synths everyday and they make huge amounts of money Sony Acid Big Fish Audio Computer Music Musictech Future Music etc. but I've made less then 400 dollars and they shut me down any help concerning this would be appreciated thank you.

[50cal]

You ran there sounds that they spent probably hundreds of thousands developing through your lil 10,000 dollar system.You failed to say what kind of c.d you was putting out...I assume a sample disk...but what was you advertising on that disk......Im glad companies are taking a stand..if you was in there shoes you would too.

[Atterion]

Generally if a synth uses a sampled waveform as a part of it's synthesis architecture (i.e. most Romplers), than it is illegal to resample for sale.

[altitude909]

I see hundreds of companies that sell sample and loop collections of electronic sounds and synths everyday and they make huge amounts of money Sony Acid Big Fish Audio Computer Music Musictech Future Music etc. but I've made less then 400 dollars and they shut me down any help concerning this would be appreciated thank you.

Thats because they buy a license for the company they are sampling. It is no different if you took and audio CD and ran it through a bunch of effects and called it your own. Any PCM sample based device, whether it be a drum machine, synth or other (which is pretty much everything made since the late 80's) has the same copyrights as recorded music since it is just that, a recorded sound to which they own the rights to. If you want to do this, find a device from a company that is out of business

[Atterion]

And now you know why some sample CD's do not actually reference the specific names of the hardware utilized in the CD's creation, but instead use generic descriptions, such as "80's FM" (as an example for a DX-7).

[DavidK]

Originally Posted by Atterion

And now you know why some sample CD's do not actually reference the specific names of the hardware utilized in the CD's creation, but instead use generic descriptions, such as "80's FM" (as an example for a DX-7).

That's the ticket. My guess is you ( the thread-starter) basically TOLD them you were using their gear by putting it on the Disc?

Can you sample a Synth, stick a lil reverb on it and sell it? Maybe.
Can you use the NAME of the synth? No.

Think of it this way: A kurzweil synth is quite expensive. Someone could sample all the good patches and sell it for 50 bucks. Ummm, they aint gonna be liking that.