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Topic: Sample Copyright Question

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  1. #1

    Sample Copyright Question

    Here\'s the scenario....

    Band A hires Person B to play/program/sequence string/viola/percussion/etc parts for Band A\'s upcoming CD.

    Band A pays person B for this work. Person B uses his own arsenal of hardware synths, software, samplers, sample CDs, etc to do the commissioned work. Person B\'s work will be in Band A\'s CD. Person B receives payment from Band A for the work.

    Band A releases the CD.

    QUESTION:
    Is Person B violating any sample copyrights? Does Band A need to purchase whatever CD libraries Person B used in the commissioned work.

    The reason I\'m asking is because Band A is using sounds from the sample CD in their music, yet they are not registered users of the CD/Sample.

    What\'s up? I hope sample developers will chime in on this one. Because this scenario is not far fetch.

  2. #2

    Re: Sample Copyright Question

    It depends on what is said in the contract that is between B and the lib developer. (That could even be \"Do never ever play on the black keys\")

  3. #3

    Re: Sample Copyright Question

    What I read is you cannot lend/give away the sample CDs, or open a studio and let your clients use your sample CDs in your studio.

    But in this case, the finished product is a stereo audio file... Band A never had their hands, operating, or using the sample CD.

  4. #4

    Re: Sample Copyright Question

    I\'m certain that Eric Persing (Spectrum) has been on these forums and explained that someone (B)can earn their living as a session keyboardist without his clients (A) having to purchase licenses for every library he uses a sound from.

    In your case, that\'s the scenario.

  5. #5

    Re: Sample Copyright Question

    Unless there\'s an exception, samples are generally licensed to you for your own creative use. That\'s exactly what this is, whether you\'re going to play, arrange, program, engineer, or anything else.

    I think it was Eric Persing who explained this to me so succinctly, but it might have been the people at VSL.

  6. #6

    Re: Sample Copyright Question

    Oy Vey Nick - 8:40 and we both invoke Spectrum - spooky....

  7. #7

    Re: Sample Copyright Question

    In the same way... I could get someone with VSL to play a composition of mine with the VSL flute or something and send it back to me... HOWEVER I would have to say that the flute part was performed by [whoever].

    Thats the way I understand it.

    Ed

  8. #8

    Re: Sample Copyright Question

    Yes...with Spectrasonics instruments and sample libraries, this is perfectly acceptable to do work for other artists as a session musician or \"hired gun\".

    I suspect that\'s how most other companies treat it as well too...but you\'d have to ask each one, because license agreements do vary.

    spectrum

  9. #9

    Re: Sample Copyright Question

    In the same way... I could get someone with VSL to play a composition of mine with the VSL flute or something and send it back to me... HOWEVER I would have to say that the flute part was performed by [whoever].
    <font size=\"2\" face=\"Verdana, Arial\">VSL\'s license agreement just says that you have to credit the library when it\'s used on a recording, unless it\'s TV or film. Crediting the performer has nothing to do with the sample license.

  10. #10

    Re: Sample Copyright Question

    Thanks Eric (spectrum)...

    Let\'s hear from the Garritan, East West, and Project Sam camp?

    What\'s your take on this question? Thanks!

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