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Topic: An unusual topic

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  1. #1

    Smile An unusual topic

    I don't think I've ever seen this discussed here, and it may be because its not of importance to anyone but me!

    The question is this: when sample developers hire musicians to play the instruments to produce samples, do they also acquire the rights to use their names in their literature, websites, etc.? If so, how about listing them somewhere?

    Why should I care? It doesn't matter to me if these folks are not prominent in their fields, its just important that they are real people with real names. We know they are very talented.

    Well, I'm strictly an amateur (but hopefully not too amateurish) engineer/producer of recordings for family and friends, etc. I generally use a few sampled instruments in conjunction with live performers. Inevitably on hearing a piece of mine, the question is- who played the cello (or bass or whatever)? If I start to explain the idea of sampled instruments, I'm quickly interrupted- Oh, the COMPUTER did that!

    Well, that sells the whole process a little short. How much better if I could say, well a fellow named Joe Dokes played that, doesn't it sound great? If they want to pursue the questioning, THEN I could get into the business of explaining sampling technology.

    I know I could just make up names, but I'd rather reserve lies for more imprtant things, like running for office!

    Your comments would be appreciated.
    Carl

  2. #2

    Re: An unusual topic

    It probably depends on how the contract is worded. I imagine the reason names don't appear on most libraries is not legal concerns but just that the developer doesn't think anyone cares. Gary Garritan did in fact list every single player, along with the make of instrument they used, on his Garritan Orchestral Strings. It's wonderful; it makes me as a user feel like a more intimate part of the whole musical experience when using the library.

    BTW, now I can go around bragging that my strings were recorded at the Lincoln Center

  3. #3

    Re: An unusual topic

    Interesting topic.

    One of our unannounced releases was just put under contract. The dilemma that the hired association had was about credits.

    Our position: We feel that credits such as "who was sampled" and "where it was sampled" lends a level of viability to the product.

    Their position: A concern as to the possibility of negative exposure. They felt the need to guarantee that their association not be listed on any project that the library will be used for.

    Therefore, credits will be listed on the library but there will be a stipulation within the license agreement that states:

    Credits may only be listed as: <Name of> sample library created by Bela D Media.
    The user does not have the right to list any persons or institution involved in the recording of said product.


    Interesting, eh?
    Bela D Media | www.BelaDMedia.com

  4. #4

    Re: An unusual topic

    "The question is this: when sample developers hire musicians to play the instruments to produce samples, do they also acquire the rights to use their names in their literature, websites, etc.? If so, how about listing them somewhere?"

    I`ve wondered about this also and I`ve been wanting to bring this up. Spectrasonics has a silly stipulation in their license agreement that states "you must include the following courtesy credits using this wording only:"***** samples courtesy of Spectrasonics "insert name of sample library" CD-ROM collection" . Umm,yeah, I wanna thank a cd-rom on my next album. That`d be pretty cool. But seriously,I`d much rather thank the actual musicians on the samples than a cd-rom. How about www.spectrasonics.com listed instead? That wouldn`t be quite so corny.

    Rick

  5. #5

    Re: An unusual topic

    "Gary Garritan did in fact list every single player, along with the make of instrument they used, on his Garritan Orchestral Strings"-FredProgGH

    I didn't know that or I would probably have gone with that instead of the Silver I did buy. Garritan rules!

    Frank B. - Apparently that association doesn't subscribe to the old showbiz philosophy that there is no such thing as negative publicity as long as the names are spelled right. Look at the career of Paris Hilton!!!

    Anyway, I would encourage all developers to list the names if they can possibly do so.

    Carl

  6. #6

    Re: An unusual topic

    In all honesty I agree and respect their position. Its one thing to list the names of musicians sampled however, when you are dealing with an organization… credits listed on projects deemed inappropriate might put that very same organization jeopardy.


    Example.

    It’s no secret that we have sampled a full choir. It would be inappropriate to credit the choir (by name or by organization) on project that had not meet approval by representatives of that choir.

    The reality is that the choir is not lending their name to a users project.

    They are lending their name to a product. Therefore, one can only list that product as a credit not the choir or organization.

    I believe this topic may be somewhat mute for the simple fact that it is difficult enough for the composer to see his or her own name in credits – let alone the product(s) used.
    Bela D Media | www.BelaDMedia.com

  7. #7

    Re: An unusual topic

    "In all honesty I agree and respect their position. Its one thing to list the names of musicians sampled however, when you are dealing with an organization… credits listed on projects deemed inappropriate might put that very same organization jeopardy."

    Ah yes, but what if the sample library manufacturer deems the project inappropriate?

    Rick

  8. #8

    Smile Re: An unusual topic

    "credits listed on projects deemed inappropriate might put that ... organization in jeopardy".- Bela D Media

    I can understand their concern, and yet I can think of a major example where the artist IS taking the risk. I bought Vocaloid Miriam recently, and of course that's the voice of Miriam Stockley. There's some fine print inside that makes it illegal to use the sampled voice in a way that would negatively reflect on Miriam's character (I'm paraphrasing- too lazy to look at the literature). So it IS being done.

    I suppose that the bottom line is that almost any concession could be obtained from the artist(s) in the contract, but it would cost more, and the expense is not currently justifiable from the developer's viewpoint.

    Hey, I just thought of a workaround. Your association could have adopted a pseudonym just for your recordings- "Fall River Choral Society" or some such name. Then your have someone to credit, I have someone to credit, and its not traceable back to their real association name!

    Carl

  9. #9

    Re: An unusual topic

    "Hey, I just thought of a workaround. Your association could have adopted a pseudonym just for your recordings- "Fall River Choral Society" or some such name. Then your have someone to credit, I have someone to credit, and its not traceable back to their real association name!"

    Yes,perfect.. How about the "Spectrasonics English Choir".

    Rick

  10. #10

    Re: An unusual topic

    Quote Originally Posted by carlmsmith
    ...I would encourage all developers to list the names if they can possibly do so.

    Carl
    LastLibs Acoustic Bass Guitar - all articulations and percussive effects performed by Alan Lastufka.

    LastLibs Acoustic Drum Kit - all articulations performed by Robert Randolph on his custom built kit.

    Alan Lastufka | www.BelaDMedia.com
    Producer/Artistic Design | Content Producer

    20 Things

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