Samples/Loops From CDs/Vinyl Albums Vs. Copyright Restrictions

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Mike Freze

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If you are going to "steal" small segments of a beat, bass pattern, guitar lick, rhythm guitar part, etc. off a CD or older album you own to include as a track (or segment) of a track in your recording project, where is it fair game without violating copyright law?

Can you use a one-measure copy from any source you choose without violating the copyright law? I don't mean an obvious musical "hook" that is a recognizeable signature to a past hit. Perhaps something that one could not "place his finger on" as a part of a well-known song.

Then again, ANY small segment of a previously recorded riff you incorporate could bring out a thousand people saying, "Hey, that sounds like a bass pattern off of so-and-so." So could your own created sample or loop, for that matter! It might just be a pattern used for dozens of past hits. If that's so, are you safe to use it if it's not identifiable with one obvious hit? There must be a "fair usage" thing involved (like small quotes that authors use that's under a paragraph long where permission is not required, only a reference to where you got that source).

Do you only have to change the beat a bit, change a note or two, add a different effect to make it unique enough to claim it as your own for your own recording project? Or is it more than that?

I guess any loops you buy on CD could make hundreds of people say, "Hey, that was my riff on my copyrighted song" as well (even if the company claims they are "royalty free").

Mike Freze
 
Summing it up simply, "yas takes yer chances." Technically speaking, No sampling whatsoever is allowed without permission of the original copyright holder. None. Period. But of course, whether one actually wishes to take such an sampling infringement to court is totally subjective. Some just don't mind it, others will sue on a hair trigger.

The only court decisions I know of that allow "fair use" is in cases of personal entertainment, parody, education or news reporting. I find the parody one kind of dodgy, personally; you're allowed to use someone's stuff if you're making fun of it, but if you're not making fun of it, it's verboten :rolleyes: It's a weird bend of the First Amendment if you ask me. But then again, I'm no law professor.

When it comes to the idea of plagiarism, you take your chances. I doubt there's a new idea left in Western music that hasn't already been written by someone else somewhere. All one has to "prove" to "prove" plagiarism is that the accused had "access" to the original music - i.e. that they had a chance to hear it before - and that there are "similarities". The rub is in the definition of "similarities"; there is not distinct, codified definition. It's pretty much decided on a court case by court case basis.

DISCLAIMER: This is not being provided as actual legal advice and should not be construed as such. You're on your own to determine actual legal realities from an actual musical copyright lawyer, and not just some schmuck on the Internet. ;)

G.
 
DISCLAIMER: This is not being provided as actual legal advice and should not be construed as such. You're on your own to determine actual legal realities from an actual musical copyright lawyer, and not just some schmuck on the Internet. ;)

G.

Maybe we should start encouraging people who post these treads to include a disclaimer to save the rest of us time!

DISCLAIMER: Unless specified, I will assume that you are not a lawyer, and I will not construe anything you say as legal advice.

:D
 
Maybe we should start encouraging people who post these treads to include a disclaimer to save the rest of us time!
Heh heh, sounds like a good idea to me. Then again, I am not a lawyer, and that opinion should not....oh...wait....damn, I think Im stuck in a loop.....

Hmmmm...I think I need a loophole....

G.
 
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Would taking samples of dialogue from TV or movies be the same deal?
 
Would taking samples of dialogue from TV or movies be the same deal?
AFIK, copyrighted material is copyrighted material. Which medium it comes from shouldn't matter, I wouldn't think.

Insert previously discussed legal disclaimer here....

G.
 
The legal concept applicable here is called "Fair Use" (in the United States). I leave it to you to look it up, read about it, and interpret what you read to in relation to what you want to do.

I am not a lawyer blah blah blah...
 
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