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fisherking
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sample use vs... [RESOLVED]

Thu Jan 09, 2020 10:43 am

i realize this is not a forum for lawyers (or is it??) :mrgreen:

i have a library of guitar phrases (audio samples) i own; i went to use one in a pop project, but it didn't feel quite right, so i had a (what do you call it?) real guitarist replay the part (a 2-measure phrase).

someone i work with suggests this could be a problem; that the sample creators could claim it's a copied phrase of one of their samples (which, again, i own a license for).

just wondering what people here think; does this seem problematic? any thoughts, suggestions?
Last edited by fisherking on Thu Jan 09, 2020 5:10 pm, edited 1 time in total.
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Atlas007
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Re: sample use vs...

Thu Jan 09, 2020 11:42 am

My 2 cents:

Different countries, different rules.

If the license authorizes using the recorded material, free from copyright, and by "using" it means mangling with it using a DAW or otherwise, I don't see why it could not include playing back a re-recorded live version of the same.

Reading the license's details (including the fine prints) could be informative in that regard.

Otherwise, pretty much anything goes, especially, after considering the rendered judgement following the case opposing the Taurus vs Led Zeppelin re the Stairway to Heaven song opening theme...

Often a lawsuit is often tributary of the involved parts and their representatives...
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fisherking
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Re: sample use vs...

Thu Jan 09, 2020 12:24 pm

i have to find that license, lol... but will. good points. seems reasonable, that i could replay a loop i have a license for, but... lawyers rule the world, and.. i don't want to piss any of them off. thanx
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skijumptoes
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Re: sample use vs...

Thu Jan 09, 2020 1:40 pm

Upload your final track to a test youtube account is also good check, see if it gets flagged or not with a copyright.
 
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fisherking
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Re: sample use vs...

Thu Jan 09, 2020 2:45 pm

skijumptoes wrote:
Upload your final track to a test youtube account is also good check, see if it gets flagged or not with a copyright.


it's a loop from a set of probably 100. i know i can use the loop anyway, just curious about the legal issue of replaying it...
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Ploki
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Re: sample use vs...

Thu Jan 09, 2020 3:00 pm

It won't get flagged, it's a cleared loop

And i don't think there's an issue here, you have the license for it anyway... What would they sue you for?

iirc i did that before.. :D
I don't know what popularity you except your song to have, but most likely nobody will ever hear it or care - and if it will, you'll have money to pay for lawyers
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fisherking
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Re: sample use vs...

Thu Jan 09, 2020 3:12 pm

Ploki wrote:
I don't know what popularity you except your song to have, but most likely nobody will ever hear it or care - and if it will, you'll have money to pay for lawyers


ha, not the approach i'd want to take. have had hits, am always aiming for those... but right, would not get flagged, it's a loop amongst hundreds, not a recognizable phrase of a song.

will sort it out 8-)
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fisherking
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Re: sample use vs...

Thu Jan 09, 2020 5:10 pm

i replaced the guitar with a (gasp!) keyboard part, and everyone is happy(er). so, problem solved. thanks for comments.
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Ploki
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Re: sample use vs... [RESOLVED]

Fri Jan 10, 2020 4:02 am

Less guitar is better 95% of the time.
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fisherking
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Re: sample use vs... [RESOLVED]

Fri Jan 10, 2020 4:20 am

Ploki wrote:
Less guitar is better 95% of the time.



darn! this was one of those 'other 5%" songs... but will make the best of it 8-)
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