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Topic: Is this legal to sell?

  1. #1

    Is this legal to sell?

    Right to the point:

    I\'ve created a few custom drum libraries by tweaking the sounds of the drums from my sound modules and drum machine, layering several sounds on top of one another, processing the end result with effects. (compression, verb, etc..) Creating .wav files and then creating .gig files.

    I KNOW for a fact people are already doing this on Ebay, but is it legal?!?!

  2. #2

    Re: Is this legal to sell?

    Well if the owner doesn\'t recognise the sample then there\'s nothing to decide.

    However the tweaker needs to decide whether he can get away with it or not.

  3. #3

    Re: Is this legal to sell?

    \"However the tweaker needs to decide whether he can get away with it or not.\"

    oooh... that scrares me WAY too much. I\'m going to read the manuals very clearly.

  4. #4

    Re: Is this legal to sell?

    If it is from any sample based instrument, you may not do this without special clearance from the copyright owner of the original waveforms.

    Legally, this is called creating a \"derivitive work\". We deal with this all the time, because we have many of our samples in Roland hardware synths, drum machines, V-Drums, etc. The law is much clearer than you might think, and there are many cases on the law books that support the original creator, not the derivitive creator. People get busted on this all the time...you just don\'t hear about it in public forums like this.

    The sounds in Atmosphere were all originally created from non-sample based instruments. Any sample based instruments that were used either came from samples that we had originally licensed to Roland for example, or we obtained special permission and \"derivitive use\" licenses from those companies.

    You have to get permission from every creator and copyright holder of each sound that you stacked.

    A big pain I know....but that\'s the way it works and we are always incredibly careful to make sure everything we do is completely legally and ethically cool.

    Hope that helps.


  5. #5

    Re: Is this legal to sell?

    The master has spoken However, creating the sounds from scratch is much more fun)

    Eric, it must be a cool feeling to hear all those sounds youve created in almost every song out there.. Im still waiting to hear some g-town samples in a tune. [img]images/icons/wink.gif[/img] hehe


  6. #6

    Re: Is this legal to sell?

    Hey Tob,

    I just finished scoring a children show and I used your snares exclusively!

    If you had Timpani, I would have used those as well!!!

  7. #7

    Re: Is this legal to sell?

    As far as I know, this is allowed - look at the long list of hardware and software used to create Spectrasonics\' Atmosphere VSTi for example.

    What\'s not allowed is to use sample CDs as your source material where there is a clause in the licence which forbids you from doing so.

    ...or anything copyrighted of course...

    PS I\'m not a lawyer! Anybody else care to comment?

  8. #8

    Re: Is this legal to sell?

    As long as they are not recognizable from the source I guess its ok.. but who is deciding whats recognizable or not? The tweaker or the owner of the original samples?


  9. #9

    Re: Is this legal to sell?


    I\'ve used your Fake Glass harmonica in a lot of pieces, and it will become one of my most used samples, i can guarantee you that.

  10. #10

    Re: Is this legal to sell?


    Thanks for clearing that up!

    Don\'t you think it\'s a kind of arbitrary line drawn between sample-based and not though?

    i.e. if someone builds a synth that uses real oscillators rather than samples, he cannot copyright the sounds it makes.

    However, I could come along, sample it, and now I own the sounds...

    PS I\'m not trying to piss anyone off here, just intrigued as to how it works...!

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