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Topic: Sampling synths and legal issues

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  1. #1

    Sampling synths and legal issues

    Just a quick question; if I sampled some sounds from the Trition and gave them away would that be legal?

    Ed

  2. #2

    Re: Sampling synths and legal issues

    Originally posted by Ed:
    Just a quick question; if I sampled some sounds from the Trition and gave them away would that be legal?

    Ed
    <font size=\"2\" face=\"Verdana, Arial\">When in doubt, don\'t do it.

  3. #3

    Re: Sampling synths and legal issues

    i dont want to sell them, I just want to give away some wav files ive sampled. Is that ok?

    Ed

  4. #4

    Re: Sampling synths and legal issues

    I\'m not a lawyer but I would say yes, that\'s ok!

    Afterall, it\'s not like you have a replicator and are going to distribute copies of the actual keyboard!

  5. #5

    Re: Sampling synths and legal issues

    If you sampled your Triton and gave them to your friends it would probably be allright...a bit questionable but I think even Korg would close an eye on that one.

    If you sampled the Triton and then sold the samples or distributed them widely on an internet server, you\'re probably looking for trouble.

  6. #6

    Re: Sampling synths and legal issues

    If you sampled the Triton and then sold the samples or distributed them widely on an internet server, you\'re probably looking for trouble
    <font size=\"2\" face=\"Verdana, Arial\">Logic (not the sequencer!) and I would tend to agree with that except for the fact that there are a LOT of sample disks that do exactly that! Bigga Giggas does DX7, Prophet (granted they\'re out of production, but Yamaha still does FM stuff)

    And there are a bunch of contemporary synths that have been sampled by Nicebytes (albeit quite badly, IMHO) and are available freely and globally. Plus virtually ALL the breakbeat/hip-hop/dance/trance/etc. sample libraries (hundreds of them) use these machines as the basis for their creations.

    It is also a question of exactly what one samples - if you created your own unique patch on the synth and sampled THAT, it would seem to be different than simply recording/reselling the factory patch set.

    I don\'t believe the issue has been addressed by the legal beagles at Korg, Roland etc., or if it has, they\'ve not made a public issue of it.

    At this point in time, I think it is more of an ethical question, although that does NOT mean that the lawyers would not be happy to drum up some business.

    None of the above being an indication that I have ANY idea what I\'m talking about... [img]images/icons/rolleyes.gif[/img]

    Dasher

  7. #7

    Re: Sampling synths and legal issues

    Maybe the difference is that Triton is (AFAIK) PCM based - so, essentially you are sampling waveforms that are already sampled. Sampling a Prophet or DX7, you don\'t \'rip\' any sampled material.

  8. #8

    Re: Sampling synths and legal issues

    I don\'t want to start a giant thread about this, getting into all the grey areas, etc....but the short answer is that it is definitely illegal to sample and distribute sounds that were sampled from any PCM based instrument. PCM based synths are protected under the Sound Recording copyright act...and most manufacturers have their samples registered and copyrighted as sound recordings. To distribute them (for free or commercially is the same), or any derivative works based on them, you must obtain a license to use the samples for the manufacturer.

    Roland has successfully litigated MANY cases and stopped sites from giving away free samples from their PCM based instruments. They have a strong legal department and are really careful about protecting their stuff. I\'m sure Korg is the same. Doing what you are suggesting would be taking a risk of getting caught. Since you\'ve brought it up in a public internet forum (which are read by many legal departments at hardware manufacturers), the likelyhood of getting caught is fairly high.

    Hope that helps to answer your question. I know firsthand that in recent years, Roland has really toughened their stance on this issue.

    spectrum

  9. #9

    Re: Sampling synths and legal issues

    I agree, it\'s just a matter of time before anyone selling sounds from a hardware synth/sampler gets a call. But don\'t rely on what you read here, just call the company and ask them yourselves.

  10. #10
    Senior Member Bruce A. Richardson's Avatar
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    Re: Sampling synths and legal issues

    Eric hits it on the head...sample YOUR creations on hardware instruments all day long, but once you start sampling OTHER people\'s creations and giving them away, you\'re playing dirty pool.

    I think you\'re on questionable Karmic territory even sampling factory presets on non-PCM hardware synths, since someone else created that.

    It\'s easy enough to judge these things. Reverse the roles. If Korg were you, and YOU were the person who worked hard to bring Triton to market, would YOU appreciate Korg sampling your hard work and giving it away to someone who didn\'t pay for it? Let the little voice in your head tell you the answer. My bet is that the little voice says, \"No, that\'s not really fair.\"

    The secondary question would be...why waste your time giving away something YOU paid for?

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