Can a sample be used on 2 different songs ?

[djsnake]

Hey y'all.

 

I found this sample pack which has a cool vocal sample (about 10 seconds). It has been used on a song which has around 30 Million streams.

 

Question is, If i just use the same sample but make everything else differently, can this artist sue me ? It ain't his sample he can't own the sample from a public released pack right?

 

Y'all witnessed similar cases before?

 

Thanks.

 

(The artist didn't chop, or edit the sample just put some instruments behind the vocal loop and released it.)

[des99]

I don't know what country you're in, but usually, anybody can sue anybody else if they want to, regardless of whether their case has merit.

Even if the ownership of that sample is undisputed and provably in your favour, you might still have to pay significant legal fees just to be able to demonstrate that, if the record company of the artist feels like their IP is being infringed.

Why not avoid the issue by creating your own vocals, or using less high-profile content from other libraries, especially if other people are already using this content?

[djsnake]

Hi.

 

I just want a piece from that cake knowing damn well i can do way better. 

 

If your saying is true, the whole Splice thing shouldn't have been around right? I can make a song using "KSHMR Flute Loop 01", and if you make one using that afterwards my release, I'll sue you and take your cash ? Sounds stupid. But I'm here to get knowledge not to complain.

 

Really isn't there any cases of this yet ? It's simple. What happens when there are 2 songs featuring the same sample from a publicly sold pack...

[des99]

I was around when sampling first happened, and the craziness that ensued as people started sampling commercial work left right and centre, and the record companies were both outraged and delighted at this new source of revenue.

No, there is generally no problem using samples from other companies, and most record companies will, I believe, require you to document all your samples used and their sources. It's unlikely someone is going to go after you because you are using a sample from a library that they are also using, but it's not impossible of course.

Edited August 1, 2023 by des99

[djsnake]

Thanks man. It's crazy that legal stuff almost never has a clear answer. 

[MikeRobinson]

If you are using a sound from a public sample library – such as those included with Logic – then you already have express copyright license from the provider of that library to "use it in any way you like." Apple takes care to disavow any claim that they have any IP right to whatever you create using what they gave you.

Otherwise, just put on your creativity hat and use the original sound as inspiration. You'll probably wind up with something even better.

Or: get permission. A wildly-successful rap song, Can't Touch This, was created entirely (and, very creatively ...) from samples taken from Super Freak.  The owners of both properties shared the wealth.

Edited August 3, 2023 by MikeRobinson