Buying sample packs..sampling drums..and legal issues surrounding this sort of thing?

[MarkySoliloquy]

Hello,
I was wondering about drum samples and if one can get sued for using them. I know that if they are original samples and royalty free than one is in the clear to use them in their production with no worries. However in hip-hop many producers sample their drums right off of records and I was wondering if this was legal or not.Is this no big deal? can it potentially be a big deal? or is it only a problem if you take a loop or unique sound from the melody?

Reason I ask all of this and am curious is because I know some producers sell sound kits online and basically I assume some of them chop their drums right out of old records. I mean it's not a big secret and the producers that sell these kits say the sounds in the kit are royalty free too. I also doubt producers would clear a record that they just took a snare and kick out of in their own work. So I wondered how this worked out and if what they did using drums from records was totally legal. I know the producers that sell sound kits often times do include some of their original sounds but other times they may include loops and even drum one shots from other records they did not create.

 

[Cyko]

There's always a risk, even when using legit royalty free sounds. Most won't come after you for using drum sounds, but it has and does happened more often than you think.

 

[MarkySoliloquy]

There's always a risk, even when using legit royalty free sounds. Most won't come after you for using drum sounds, but it has and does happened more often than you think.

Oh really, damn thanks for letting me know. Who typically comes after you, the people who you bought the drum sounds from or the people who own the masters of the records the sounds may have came from? I mean if you buy it from a pack it's hard to figure out where the drums come from anyway so this stinks.

Also with this said I guess this is one of the many reason why many producers layer their drums to make it a little harder to figure out what drums come from where. Also maybe it's best to play it safe and only get the drums sounds from people sampling from drum machines to tape or something or who mic drum sets themselves and come up with their own sounds and not just producers kits online. Maybe do what others say and sample your own drums.