[linux-audio-user] Copyrights on samples

[Anahata]

On Tue, Oct 14, 2003 at 07:21:48AM +0000, Chris Cannam wrote:
> The whole purpose of these instruments is to be performed, recorded, 
> and otherwise redistributed.  That's what they sell them for.  
> Imagine you put out a minimal electro track recorded with a Roland 
> instrument (as many have done) and described it on the back as a 
> recording of a Roland instrument.  Could they sue you for that?  

I know that laws requiring some sort of artistic/aesthetic judgement for
their enforcement are on thin ice, but surely it's easy to determine the
intention here. Either you are a recording a piece of music (legitimate
use) or you are making a carefully graded set of copies of the sample
data for use by anyone who wants to clone the instrument (arguably not
legitimate). I can't believe that it would require much of an expert
witness to decide which was the intention in any specific case.

Before someone starts on sampling, my point is that nobody produces a
recording of music with the *intention* that it should be sampled and
used in something else, unless it's something like a sound effects
cellection in which case that intention is quite clear and the copyright
statement would be worded accordingly.

-- 
Anahata
anahata at treewind.co.uk       Tel: 01638 720444
http://www.treewind.co.uk    Mob: 07976 263827