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Using licensed drum samples in loops for new sample packs Studio Headphones
Old 3rd August 2018
  #1
Here for the gear
Using licensed drum samples in loops for new sample packs

I have a question that I'm not 100% clear on. If I purchase a drum sample pack (all one shots, no loops) can I use those samples to make drum loops and then sell those drum loops in a sample pack? For example I take a kick drum and snare and make them into a loop using two licensed samples from the same (or different) drum sample packs. I am not intending to take the one shots and bundle them in my sample pack, rather use them to make drum loops that WILL be bundled in the sample pack. I have read the licenses and they usually say you can use them in a "creative work" (or something like that) and I am wondering how that terminology might apply to drum loops in a sample pack made for commercial licensing. As far as I know I CAN take those samples and blend them with other samples to make my own unique one shots (e.g., blending two kicks together) and that is legal, but wanting to use some of the samples "as is" and don't want to get flagged for copy right if I use them in a drum loop with no modifications. I realize each license is different but looking for feedback from anyone who has knowledge of using drum samples to make their own sample packs for commercial distribution. Thanks

Last edited by erow_44; 3rd August 2018 at 06:08 PM.. Reason: clicked submit before being done
Old 16th August 2018
  #2
To avoid stepping in hot water, I would recommend contacting the manufacturer just to be be on the safe side.
Old 16th August 2018
  #3
Lives for gear
Quote:
Originally Posted by erow_44 View Post
I have a question that I'm not 100% clear on. If I purchase a drum sample pack (all one shots, no loops) can I use those samples to make drum loops and then sell those drum loops in a sample pack? For example I take a kick drum and snare and make them into a loop using two licensed samples from the same (or different) drum sample packs. I am not intending to take the one shots and bundle them in my sample pack, rather use them to make drum loops that WILL be bundled in the sample pack. I have read the licenses and they usually say you can use them in a "creative work" (or something like that) and I am wondering how that terminology might apply to drum loops in a sample pack made for commercial licensing. As far as I know I CAN take those samples and blend them with other samples to make my own unique one shots (e.g., blending two kicks together) and that is legal, but wanting to use some of the samples "as is" and don't want to get flagged for copy right if I use them in a drum loop with no modifications. I realize each license is different but looking for feedback from anyone who has knowledge of using drum samples to make their own sample packs for commercial distribution. Thanks
Not unless you completely alter those one shots to the point where they're unrecognizable, will any sample company be ok with you taking their original sounding work and selling it as your own in another sample library -unless you work out a royalties agreement or something. It's common courtesy to not use other people's drum sounds in a sample library you plan to sell anyway. I'd be out for blood if someone did that to me.. When they say 'creative work' they absolutely mean in a song-making context-not reselling their work as sample loop libraries. This is common knowledge.
Old 9th September 2018
  #4
Gear Nut
 

Can I highjack on a similar topic? (Which may benefit the OP)

how about using licensed drum sounds and TWEAKING them and reselling? Or giving away?

Not the SAME sounds but altered with plugins, layered with vinyl etc. I mean where is the line drawn? These packs are taken from other sound designers(drum machines) and other companies drums(snares, kick drums) also.

I can't afford $10,000 in equipment just to record drums but I guess that's the benefit of owning the equipment.
Old 9th September 2018
  #5
Gear Addict
 

As a general rule, it helps to think of it this way: the person who records a sound usually owns the rights to do what they want with that recording of the sound. There are exceptions to this, but it's generally true.

So when it comes to using samples that someone else recorded, you need to make sure that you have received the appropriate rights (and that the sampler even had the rights to legally give you the sample in the first place -- lots of sample companies don't actually record / properly clear their samples!) Sometimes the samples will come with a license that spells out exactly what you can do with them. Otherwise you need to go ahead and contact the manufacturer.

As for where the line is drawn, if you're using someone else's recording, then you need to have the rights. Even if you layer it, change it, distort it, etc. That said a lot of people in the industry don't bother with meeting the legal standard and just do it anyway and hope that no one figures it out. This can be a truly painful approach if whatever you're doing with the samples ever gets popular.
Old 10th September 2018
  #6
Gear Nut
 

Thanks that makes more sense. Still a very thin line and a TON of hip-hop samples are ripped from vinyl with processing. This line also gives way to re-sampling a sample. I wouldn't go that far but that seems like a loophole.

Thanks. I guess no samples from me anytime soon until I can afford a $10,000 rig! lol
Old 10th September 2018
  #7
Gear Addict
 

Quote:
Originally Posted by LovePlastic View Post
re-sampling a sample. I wouldn't go that far but that seems like a loophole.
It's not, because you still used the original sample for the re-recording, which means you have to clear it, even if only the re-recording ultimately appears in the final track. Otherwise people would just re-record entire songs and sell them as their own.

The closest thing to a loophole is something called interpolation, but even that requires obtaining another (often significantly cheaper) license.

Quote:
Thanks. I guess no samples from me anytime soon until I can afford a $10,000 rig! lol
It only takes $10,000 in equipment if you're chasing $10,000 sounds! Until you get there you can use a $100 recorder like a Zoom or Tascam. Walk around your house, record things that might be interesting, use some creativity with the processing, put them in a good beat and market the hell out of it. Let the limitation push you forward instead of holding you back.
Old 11th September 2018
  #8
Gear Nut
 

Quote:
Originally Posted by danthonymusic View Post
It's not, because you still used the original sample for the re-recording, which means you have to clear it, even if only the re-recording ultimately appears in the final track. Otherwise people would just re-record entire songs and sell them as their own.

The closest thing to a loophole is something called interpolation, but even that requires obtaining another (often significantly cheaper) license.



It only takes $10,000 in equipment if you're chasing $10,000 sounds! Until you get there you can use a $100 recorder like a Zoom or Tascam. Walk around your house, record things that might be interesting, use some creativity with the processing, put them in a good beat and market the hell out of it. Let the limitation push you forward instead of holding you back.
Ah good point. I don't wanna steal and it isn't my intention. It just sucks these awesome samples will stay with me and never be shared to the world lol.


and no I get it, it's just why spend 100 bucks when I can purchase packs made by experienced sound designers with massive hardware I remember spending $100+ on a sample pack by ToneBuildr, he bought $30,000 worth of drum processing equipment just to make samples
I mean his equipment makes me lust so much, even though I wouldn't know how to use it!! drivenmachinedrums.com

I'm thinking of building my studio piece by piece and worrying about recording sources later. Also My friend owns a mid range studio($20,000 about) and I can probably take some stuff to his place to record.

"Until you get there you can use a $100 recorder like a Zoom or Tascam. Walk around your house, record things that might be interesting, use some creativity with the processing, put them in a good beat and market the hell out of it. Let the limitation push you forward instead of holding you back."


Now that I think about it, the $100 starting point might be good PRACTICE for later. Good advice I've heard some cool stuff in person and wanted to sample it!

Thanks!
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