My friend told me that this dude who did beats for him said that the samples that come with FL, I can be sued for them. I dont belive this. I think its pretty much BS from the dude, not my friend, the stuff in FL comes from older Beat machines. So is this true, please give me some insight thanks in advance.
Can you get sued for using drum samples?
- Thread starter EDF
- Start date
M
mistaox
Guest
No you cant.
Its not like FL or any of these software makers invented the Kick or snare drum.
Now Sampled loops, thats another story
Its not like FL or any of these software makers invented the Kick or snare drum.
Now Sampled loops, thats another story
?
You definietly can't get sued for using stock fruity loops sounds..., but if you don't own a registered version (did you buy it?), you could technically be sued for unauthorized use or something like that. When you purchase the software you get the rights to use the sounds in you own music royalty free.
You can be sued for using drum sounds sampled from other artist's music. Will they sue you? Probably not, but if you sample a drum sound that is very distinct, like a Phil Collins snare, you will get probably get sued.
You definietly can't get sued for using stock fruity loops sounds..., but if you don't own a registered version (did you buy it?), you could technically be sued for unauthorized use or something like that. When you purchase the software you get the rights to use the sounds in you own music royalty free.
You can be sued for using drum sounds sampled from other artist's music. Will they sue you? Probably not, but if you sample a drum sound that is very distinct, like a Phil Collins snare, you will get probably get sued.
M
mistaox
Guest
Re: ?
Thats nonesense. I would just find out what kinda snare he uses, either go to the music store and sample it. Or Just forget all that and just say I own the same Drum set and sampled it myself.
You cannot copyright a sound people!!!!!!!.
you can copyright a composition. 1 shot kicks and Snares are not considered compositions.
mrjfox said:
Thats nonesense. I would just find out what kinda snare he uses, either go to the music store and sample it. Or Just forget all that and just say I own the same Drum set and sampled it myself.
You cannot copyright a sound people!!!!!!!.
you can copyright a composition. 1 shot kicks and Snares are not considered compositions.
Last edited by a moderator:
Samplecraze
Zukan
True, as long as the sounds are released in a composition then there are no copyright infringements. In fact, major manufacturers rely on ppl using their sounds to create the next hit thus providing massive advertising of their products.
Reselling the sounds in their original form is an infringement of copyright and licensing.
So dont worry, make that hit and enjoy the rewards.
Reselling the sounds in their original form is an infringement of copyright and licensing.
So dont worry, make that hit and enjoy the rewards.
M
mistaox
Guest
Samplecraze said:
Exactly. If i Marketted a sample CD and you then took it upon urself to repackage the SAME cd as ur own and sell it, then i could sue you.
But if you used samples from my Cd to create ur own original composition then ur in the clear.
I
insomnia_oz
Guest
I'd like to have the comments on this thread validated somehow.
Just having a bunch of people online say this doesnt make me comfortable, you could all be talking out of your a$$es (with all due respect).
Just having a bunch of people online say this doesnt make me comfortable, you could all be talking out of your a$$es (with all due respect).
D
DA NOC
Guest
Peace
A kick or snare is not copywritten, if that was the case everyone even Pop and Rock stars would get sued, cause on the real they sample to but play live on the road. You friend is bugging, to tell you you will get sued for a kick, I am sitting here laughing, lol what a Wuss lol. Check this out yall speaking of free license CD's I have my own, professionally done:
I am selling free license Cd if you want it you can go to my site, two CD's for the price of one plus a bonus CD with 35 tracks. Check it out
http://www.ijmaenmt.com/audio_cd
Thats my site you can hear my tracks from the cd plus go to my music tab and you can hear my HIPHOP and RnB tracks.
A kick or snare is not copywritten, if that was the case everyone even Pop and Rock stars would get sued, cause on the real they sample to but play live on the road. You friend is bugging, to tell you you will get sued for a kick, I am sitting here laughing, lol what a Wuss lol. Check this out yall speaking of free license CD's I have my own, professionally done:
I am selling free license Cd if you want it you can go to my site, two CD's for the price of one plus a bonus CD with 35 tracks. Check it out
http://www.ijmaenmt.com/audio_cd
Thats my site you can hear my tracks from the cd plus go to my music tab and you can hear my HIPHOP and RnB tracks.
D
Degree
Guest
Every part of a recording is protected by copyrightlaw unless otherwise is stated
Whether it's a single sound or a loop.
The question of being sued will only arise if the sample can be identified.
Whether it's a single sound or a loop.
The question of being sued will only arise if the sample can be identified.
the information that is being thrown around here is not particularly reliable. People seem to be taking little bits and pieces from various sources and applying principles from one issue to another completely unreleated issue. Other times, people are making comments that seem to be based in no actual fact at all.
I would suggest that you be wary of any sampling (from other people's songs) into your actual professionally released projects (if you are just making tracks on your own, then it doesn't really matter what you do.)
I would suggest that you be wary of any sampling (from other people's songs) into your actual professionally released projects (if you are just making tracks on your own, then it doesn't really matter what you do.)
D
Degree
Guest
From Music-Law
Attorney Michael P. McCready
writes.
"WHAT IS THE LAW REGARDING SAMPLING?
Sampling is the use of portions of prior recordings which are incorporated into a new composition. Sampling has become an integral part of many genres of music today. When you sample someone's song without permission, it is an instant copyright violation. It is the unauthorized use of copyrighted material owned by another. Sampling without permission violates two copyrights-the sound recording copyright (usually owned by the record company) and the copyright in the song itself (usually owned by the songwriter or the publishing company).
If you want to use a sample legally, you must obtain permission from the copyright owner. The copyright owner is usually a publishing company or record label. Remember that you must obtain permission from both the owner of the sound recording and the copyright owner of the underlying musical work. The fee for a license to use a sample can vary tremendously. The fee will depend on how much of the sample you intend to use (a quarter second is a minor use; five seconds, a major use), the music you intend to sample (a Madonna chorus will cost more than an obscure drum beat), and the intended use of the sample in your song (it is more costly to build your entire song around the sample than to give it only minor attention).
There are two different ways to pay for a license. First, you can pay a flat fee for the usage. A buy-out fee can range from $250 to $10,000 on a major label. Most fees fall between $1,000 and $2,000. The other way to pay for the license is a percentage of the mechanical royalty rate. The mechanical royalty rate is the amount a person pays to the copyright owner to make a mechanical reproduction (copy) of the song. A license which is a percentage of the mechanical royalty rate is generally between ½ ¢ and 3¢ per record pressed. Everything is negotiable and it is not unusual to get a license for free, if you ask.
If all of this sounds confusing, there's hope. There are businesses devoted entirely to securing and negotiating clearances for samples. These firms charge less than an entertainment attorney would charge and are generally more knowledgeable about the going rates for uses.
If you use samples without obtaining the proper clearance licenses, you have to be aware of the penalties. A copyright infringer is liable for "statutory damages" that generally run from $500 to $20,000 for a single act of copyright infringement. If the court determines there has been wilful infringement, damages can run as high as $100,000. The copyright owner can also get a court to issue an injunction forcing you to cease violating the copyright owner's rights. The court can also force you to recall all your albums and destroy them.
There is also a rumor going around that you can use four notes of any song under the "fair use" doctrine. There is no "four note" rule in the copyright law. One note from a sound recording is a copyright violation. Saturday Night Live was sued for using the jingle, "I Love New York" which is only four notes. The test for infringement is whether the sample is "substantially similar" to the original. Remember, a judge or jury is the one who determines this and these people may be much less receptive to your music than your fans. My point is you cannot rely on fair use as a defense.
Sampling can also have tremendous consequences if you have a record contract. Most record contracts have provisions called "Warranties", "Indemnifications" and "Representations". These provisions constitute a promise that you created all the music on your album and an agreement to reimburse the label if it is sued. These same provisions are included in all contracts throughout the entertainment distribution chain. The record company has them with the artist, the distributors with the record company, the record stores with the distributors, and so on. Well, all these warranties point back at the artist who is responsible to everyone else! Therefore, if you violate someone else's copyright, you will be paying all the bills of your record company, distributor and any stores which incur expenses as a result of your infringement. This can run into serious money as you can imagine. You will also be in breach of your record contract. Read your record contract carefully before using any samples.
Attorney Michael P. McCready
writes.
"WHAT IS THE LAW REGARDING SAMPLING?
Sampling is the use of portions of prior recordings which are incorporated into a new composition. Sampling has become an integral part of many genres of music today. When you sample someone's song without permission, it is an instant copyright violation. It is the unauthorized use of copyrighted material owned by another. Sampling without permission violates two copyrights-the sound recording copyright (usually owned by the record company) and the copyright in the song itself (usually owned by the songwriter or the publishing company).
If you want to use a sample legally, you must obtain permission from the copyright owner. The copyright owner is usually a publishing company or record label. Remember that you must obtain permission from both the owner of the sound recording and the copyright owner of the underlying musical work. The fee for a license to use a sample can vary tremendously. The fee will depend on how much of the sample you intend to use (a quarter second is a minor use; five seconds, a major use), the music you intend to sample (a Madonna chorus will cost more than an obscure drum beat), and the intended use of the sample in your song (it is more costly to build your entire song around the sample than to give it only minor attention).
There are two different ways to pay for a license. First, you can pay a flat fee for the usage. A buy-out fee can range from $250 to $10,000 on a major label. Most fees fall between $1,000 and $2,000. The other way to pay for the license is a percentage of the mechanical royalty rate. The mechanical royalty rate is the amount a person pays to the copyright owner to make a mechanical reproduction (copy) of the song. A license which is a percentage of the mechanical royalty rate is generally between ½ ¢ and 3¢ per record pressed. Everything is negotiable and it is not unusual to get a license for free, if you ask.
If all of this sounds confusing, there's hope. There are businesses devoted entirely to securing and negotiating clearances for samples. These firms charge less than an entertainment attorney would charge and are generally more knowledgeable about the going rates for uses.
If you use samples without obtaining the proper clearance licenses, you have to be aware of the penalties. A copyright infringer is liable for "statutory damages" that generally run from $500 to $20,000 for a single act of copyright infringement. If the court determines there has been wilful infringement, damages can run as high as $100,000. The copyright owner can also get a court to issue an injunction forcing you to cease violating the copyright owner's rights. The court can also force you to recall all your albums and destroy them.
There is also a rumor going around that you can use four notes of any song under the "fair use" doctrine. There is no "four note" rule in the copyright law. One note from a sound recording is a copyright violation. Saturday Night Live was sued for using the jingle, "I Love New York" which is only four notes. The test for infringement is whether the sample is "substantially similar" to the original. Remember, a judge or jury is the one who determines this and these people may be much less receptive to your music than your fans. My point is you cannot rely on fair use as a defense.
Sampling can also have tremendous consequences if you have a record contract. Most record contracts have provisions called "Warranties", "Indemnifications" and "Representations". These provisions constitute a promise that you created all the music on your album and an agreement to reimburse the label if it is sued. These same provisions are included in all contracts throughout the entertainment distribution chain. The record company has them with the artist, the distributors with the record company, the record stores with the distributors, and so on. Well, all these warranties point back at the artist who is responsible to everyone else! Therefore, if you violate someone else's copyright, you will be paying all the bills of your record company, distributor and any stores which incur expenses as a result of your infringement. This can run into serious money as you can imagine. You will also be in breach of your record contract. Read your record contract carefully before using any samples.
M
mcshine
Guest
Right, but someone has to recognize the sample before any legal action can be taken, and just like any other court case, their has to be proof beyond a reasonable doubt that you sampled their music.
Think about this logically; how the hell is anyone, even Phil Collins with the stupid gated reverb, going to prove that you sampled a drum?
I'm one of those guys that compulsively reads liner notes - I've picked out tons of sampled beats and I can't remember ever seeing anyone credit the original song with a "used by permission" statement.
"The Funky Drummer"? "Amen, Brother"? "Apache"? "Scorpio"? The original songwriters would be billionaires if they took everyone to court that sampled their drums.
Think about this logically; how the hell is anyone, even Phil Collins with the stupid gated reverb, going to prove that you sampled a drum?
I'm one of those guys that compulsively reads liner notes - I've picked out tons of sampled beats and I can't remember ever seeing anyone credit the original song with a "used by permission" statement.
"The Funky Drummer"? "Amen, Brother"? "Apache"? "Scorpio"? The original songwriters would be billionaires if they took everyone to court that sampled their drums.
djfullshred
Electronic Catatonic
It is true that sampling any portin of a copyrighted record violates copyright laws if it is not cleared, no matter how small a sound it is (if anyone can figure it out - really small samples that are heavily processed would be very hard to discover imo). There was an article in the recent Remix where the Beastie Boys won a lawsuit in which they had payed for the recording rights to a sample, but not the composition rights. The judge ruled that the use of certain notes in a sample was not an infringement on the composition, as the original song was not recognizable from the sample used.
http://remixmag.com/ar/remix_one_small_step/index.htm
And yes, if you bought Fruity Loops, you can use any sound that program makes in your music.
http://remixmag.com/ar/remix_one_small_step/index.htm
And yes, if you bought Fruity Loops, you can use any sound that program makes in your music.
djfullshred said:
The case you mentioned there actually shows that the laws on sampling are more strict than the laws on infringement on a composition (i.e., you can get sued for one note of sampling the master recording, but that one note is not enough to infringe upon the composition). Those things are really 2 separate issues... sampling is a different issue than plagairizing someones song.