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Sampling orchestral music Virtual Instrument Plugins
Old 1st September 2011
  #1
Here for the gear
 

Sampling orchestral music

I just finished a song containing a sample of "The Young Person's Guide To The Orchestra" composed by Benjamin Britten. Can anyone give me any info on whether I'd need to clear this sample or if it's ok to use it as is? I've been reading up on it and I'm more confused than when I started.
Old 1st September 2011
  #2
Akh
Gear Maniac
 

I'm not familiar with the sample you are referring to, but would assume you sampled this. There's (most likely) three copyrights on that audio, those being the spoken words by Benjamin Britten, the orchestral performance by Carnegie Hall, and the orchestral composition by an unknown third-party provided it isn't a classic work already in the public domain. It's also possible the copyrights may be under a single entity. You should probably start by contacting the Carnegie Hall Corporation to seek guidance on which person or department can specifically assist you with copyright clearance, and be certain about how much of the sample, if not its entirety, they are able to work with you in regards to clearance. I assume your confusion has sprung from the terms and conditions listed here. Those particular terms and conditions seem to address that samples of performances by the Carnegie Hall Corporation available on their website are not done so with expressed publishing rights, but rather as a means of promoting performance rights which have already been granted to the Carnegie Hall Corporation. In other words, those terms and conditions do not relate to your situation.
Old 1st September 2011
  #3
Here for the gear
 

I sampled the string part from 1:07 here The Young Person's Guide to the Orchestra, Part1 - YouTube

The actual recording I sampled was performed by the New York Philharmonic Orchestra, not that specific recording.
Old 1st September 2011
  #4
Gear Maniac
 
FUBAR's Avatar
 

You can use it as long as your track does not become commercial. If there is a chance your track will sell then you need clearance, good luck trying to get permission to use that sample as it is easier said than done.

It is a musical work thus subject to copyright laws.

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