special sample question

[ridl]

I'm wondering if you can legally use a sample without paying royalties if the label is out of business, and/or if the artist is dead.
Thanks in advance.

 

[Phyl]

Check out this thread for an answer.

https://homerecording.com/bbs/showthread.php?s=&threadid=65203

I suspect that even though the label is out of business, someone (an individual) still owns the rights. As far as an artist being dead, it's not unusual for his/her estate (relatives) to own the rights.

 

[ridl]

I already checked that thread and a few others for my answer, but couldn't find it. The thing is, I mean dead as in Mozart and Beethovan...long dead.

 

[Phyl]

If the artist has been dead that long and you are going to sample his/her work, I suspect you're talking about sampling someone's performance of the material.

Now the question is whether that performance is protected, and I suspect it is.

Are talking about something like sampling the London Symphony Orchestra's performance of the Nutcraker?

 

[ridl]

phyl: yes, possibly a performance. I'm more gearing my question of just individual notes and manipulating them(or not)to my liking. I would assume I'd need to ask permission from someone if it was a modern rendition and the person who did the music(actually played it on the record)was alive.