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| | #1 |
| Gear addict Joined: Mar 2011 Location: Bogustown, Europe
Posts: 373
Thread Starter | Sample libraries. Copyright?
Are you allowed to sample hardware and sell sample libraries without permission from the manufacturers? Do they get royalties? I'm thinking of stuff like Goldbaby's synth libraries. Is there a difference (legally) between hardware and software (eg if I sample an old moog or if I sample NI's Massive, or let's say, Addictive drums)? What about using effects, can I make a library called "Bricasti drum hits"? Cheers |
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| | #2 | |
| Lives for gear Joined: Jun 2008 Location: secluded tranquil country
Posts: 2,037
| Quote:
However if you offer them for sale, watch the trademarks. You'd have to remove "bricasti" from the name.
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| | #3 |
| Lives for gear Joined: Feb 2009
Posts: 3,204
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A lot of modern 'hardware' comes with legal boilerplate to dissuade you from stealing their samples. Which is rich, because mostly they have 'stolen' these sounds from other instrument makers. I guess some of the bigger players like Yamaha can sample nothing but Yamaha instruments and have a full range of sounds to offer, but most of them have obtained their sample library by sampling real instruments and synths on the basis that you will buy their sampled sounds so you don't have to own the original instruments. So everyone is 'stealing' sounds anyway, and it's a case of those with the better laywers win. First rule is: don't get caught. I don't have a problem with this, because there it takes a lot of good gear and time and talent to make good samples. If you make sounds that other people are prepared to pay for, I think you should be rewarded. But it's people who don't do any work and just try to pass on stolen samples as their own work that the legal boilerplate is there to enable prosecution, should it be financially necessary. |
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| | #4 |
| Gear addict Joined: Mar 2011 Location: Bogustown, Europe
Posts: 373
Thread Starter |
What I'm wondering is, if I make a commercial library, will I be in trouble if I specify the hardware used (eg tape machines, compressors, consoles etc)?
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| | #5 |
| Lives for gear Joined: Jan 2010 Location: pacific northwest
Posts: 599
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i think most sample libraries include the hardware and drum machines their stuff comes off of. i have seen it before. dont know the legalities of it though, they may have a deal with a certain manufacturer. |
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| | #6 |
| Gear addict Joined: Nov 2003 Location: New Jersey
Posts: 445
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From what I was told by a big software sample company that you all know is that you cannot take their sounds, by themselves and just offer them for sale as a library even though you paid for the software. You need to alter the sound as in add another sound to it. So if you take say, one of their drum loops, you then need to play a pad on top of it or add some kind of instrument to it and in effect create a composition. Then you could offer that for sale to say a music production library or whoever else and it would okay. Don't know if this is exactly what the OP was referring to but I thought I would add it to the conversation.
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| | #7 |
| Gear nut Joined: Apr 2011 Location: uk
Posts: 98
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[QUOTE=Sotsirc;7236989]Are you allowed to sample hardware and sell sample libraries without permission from the manufacturers? Do they get royalties? in truth the world of sample cds etc was always the wild west.Eraly developers were all sharing and selling the same sounds somedays , ripping off people.Do you think half thise big name companies really paid for samples from the performers ? i have seen this first hand. As far as companies go , some are more protective than others , some are totally anal , some dont like you using their business name etc and some dont care. People like Korg and Roland etc > they dont care 1% , really. My advice is sample what you like and sell what you like. Copyrights non existant in truth |
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| | #8 |
| Lives for gear |
Interesting. Like what if someone re-impulses EastWest Spaces and sold it, and changed all the names. You are doing nothing more than Eastwest already did in the case of the digital boxes they sampled. And they would be complete new "recordings" so they couldn't argue that you used their masters.
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