Sampling Classical Music..Is it copyright free??

arkay

New member
I'll try this again... No one seemed to know the answer before..

Why do alot of classical cds have 'unauthorised publishing' on them when most of these composers are dead? When a composer dies and the material is over 70 years old, anyone is free to sample right?? Unless the rights have been bought again..But surely everything has not been bought.

Is the copyright on the recording of the material as opposed to the compositions??

I want to sample this ish but do not want to be slapped in the face with a subpena!

Someone must know the answer to this.
 
I was wondering this same exact question. you can easily get away with sampleiing chops and stabe becuase there is just SOOOOO much classical music and they all have the same essiantial sound.
 
A lot of classical music is in Public Domain which means you can perform it and/or publish it with no legal consequence--HOWEVER this only applies to the music....i.e. the song itself

there are two copyrights to deal with....the first being for the music is cool.....the second copyright is for the recording which you can not violate.....

Screwy i know but i'll try to simplify it......a popular song by say Mozart is in public domain and you could use it in your recording at no consequence...but if say there was a new recording of that piece and you sampled that new recording (and someone could prove it) then you would be in trouble for violating a copyright

i know that sounds weird but that's the best i can do to explain it
 
well That can easily be gotten around with the right effects and composition.
 
FOR ONE REASON or another I vowed to not sample "MOZART" pieces or any real heavy classical pieces that are "buggedout" meaning they have off timesignatures, crazy overtures-theme and variations that make you say damn. b/c certain artist are rare to music as a whole so even if it;s dope...certain artist are either sampled too much and I LOSE THE FEELING FOR even WANTING TO SAMPLE IT (unauthorized or not)
 
Last edited:
AltheKiller said:
well That can easily be gotten around with the right effects and composition.
That doesn't mean you're not violating a copyright - it just means you're less likely to get caught.


But, there are plenty of free recordings out there, if you know where to look. For one thing, most anything published prior to 1923 (don't quote me) has had its copyright expire & has entered the public domain. Mozart died before 1800, recording audio become fairly common in the mid-1800s, so there's plenty of stuff there, if you can find it.
 
ameoba said:
For one thing, most anything published prior to 1923 (don't quote me) has had its copyright expire & has entered the public domain. Mozart died before 1800, recording audio become fairly common in the mid-1800s, so there's plenty of stuff there, if you can find it.

I get the feeling the sound quality of a recording from 1923 or earlier possibly isn't going to be too hot... :D
 
arkay said:
I'll try this again... No one seemed to know the answer before..

Why do alot of classical cds have 'unauthorised publishing' on them when most of these composers are dead? When a composer dies and the material is over 70 years old, anyone is free to sample right?? Unless the rights have been bought again..But surely everything has not been bought.

Is the copyright on the recording of the material as opposed to the compositions??

I want to sample this ish but do not want to be slapped in the face with a subpena!

Someone must know the answer to this.
Yes sampling classical music from the 1500's and on is copyright free.
 
You can sample anything, but if you're looking for revenue off that sample that's when the legal stuff comes in, luckily making beats is just a hobby for me!
 
>>>>Yes sampling classical music from the 1500's and on is copyright free.<<<<

NO, it's not (unless you paid for the orchestra and recording session and you own the masters; otherwise, there is still a sound recording copyright in place!)...

GJ
 
>>>>Yes sampling classical music from the 1500's and on is copyright free.<<<<

NO, it's not (unless you paid for the orchestra and recording session and you own the masters; otherwise, there is still a sound recording copyright in place!)...

GJ

Your probably spot on there! You cannot sample any piece of music without the performing artists consent, the difference seems to lie between acceptable use of a classical piece (your own personal performance/ production) but not a sample from another's recording, you definitely won't get away with sampling a virtuoso like Nigel Kennedy (Vivaldi's Four seasons), or a lesser known performer from say Eastern Europe, remember performers at this level will easily recognise their own handy-work - nuance/ improvisations/ instrument detail/ delivery.

 
Last edited:
There is more than just the composer rights in an audio recording. So even if the composer in Mozart and his compositions are in the public domain and can be used freely by anybody, the recording is produced by a production company, the music is performed by musicians, maybe there is an arranger or an orchestrator that made some modifications to the original score, there is also a publisher who worked on this recording... All those people have made creative contributions to the recording, and they have specific rights, so even the composition is in public domain, the recording is not..
To be simple you can record your own version of the Beethoven's fifth symphony and use your recording as you like, but you can not use freely any recording of this symphony..
 
has the artist who has recorded the piece of music you want to sample the right ..
the recording artist... has he ben dead fore 70 years?
 
If you want the be 100% safe, music over 95 years are 100% Public Domain. There's a website PDInfo it's pretty good for that.
 
If you sample stuff and its not recognisable like metal guitar chord etc is that ok in terms of not needing copyright on it ? Like if no one can tell where u got it from legally you are in grey territory right ?
 
A lot of classical music is in Public Domain which means you can perform it and/or publish it with no legal consequence--HOWEVER this only applies to the music....i.e. the song itself

there are two copyrights to deal with....the first being for the music is cool.....the second copyright is for the recording which you can not violate.....

Screwy i know but i'll try to simplify it......a popular song by say Mozart is in public domain and you could use it in your recording at no consequence...but if say there was a new recording of that piece and you sampled that new recording (and someone could prove it) then you would be in trouble for violating a copyright

i know that sounds weird but that's the best i can do to explain it

exactely
 
Back
Top