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legal sampling question

 
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PCFREE
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Joined: 02 Sep 2012
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Location: Just passing through...

PostPosted: Sun Sep 30, 2018 9:41 am    Post subject: legal sampling question Reply with quote

Hi all

I want to sample some sounds from my Montage then sell the Montage. I won't be selling or sharing the samples- they're just for my own use.

Is this legal?

Thankyou
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Sharp
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Location: Ireland

PostPosted: Sun Sep 30, 2018 11:24 am    Post subject: Reply with quote

It's nether legal or illegal.

There are no laws on this subject that exsist. If it were possible to copyright the sound a musical instrument produces, your Montage wouldn't exsist as a PCM based keybaord.

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Sharp
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PCFREE
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Location: Just passing through...

PostPosted: Sun Sep 30, 2018 7:29 pm    Post subject: Reply with quote

Thankyou, Sharp
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NETWORK1
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Joined: 25 Apr 2014
Posts: 109

PostPosted: Sun Sep 30, 2018 9:37 pm    Post subject: Re: legal sampling question Reply with quote

PCFREE wrote:
Hi all

I want to sample some sounds from my Montage then sell the Montage. I won't be selling or sharing the samples- they're just for my own use.

Is this legal?

Thankyou



One of many interesting articles.

https://www.soundonsound.com/sound-advice/sample-clearance

https://blog.landr.com/use-samples-tracks-without-getting-sued/


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Sharp
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PostPosted: Sun Sep 30, 2018 9:58 pm    Post subject: Re: legal sampling question Reply with quote

NETWORK1 wrote:


One of many interesting articles.



A good read, but sampling someone else's songs is completly different. Laws do exsist for that subject matter.

Regards
Sharp.
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burningbusch
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Joined: 30 Jan 2005
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PostPosted: Tue Oct 02, 2018 12:44 am    Post subject: Reply with quote

I agree with Sharp, but I would have zero qualms doing this for personal use. If this was a concern for the manufacturers, you would think they would explicitly state along the lines of what you find with all software sample companies. I know of none that do with a single exception, the Prophet X. And the reason is, the samples are provided by a software sample company and that's how the samples are licensed.

Here is the licensing agreement that comes with the Prophet X
"LICENSE AGREEMENT
By purchasing Sequential Prophet X, you accept the following product license agreement with respect to the “Samples by 8Dio” sample elements thereof and/or incorporated therein (“Samples”):
1. License Grant: The Samples in Sequential Prophet X are licensed, but not sold, to you by 8Dio, Inc. for commer- cial and non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use. 8Dio allows you to use any of the Samples for commercial recordings without paying any additional license fees or providing source attribution to 8Dio, Inc.
This license expressly forbids any inclusion of the Samples into any other hardware device or in any virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution method of any of the Samples by means of re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand-alone basis.
1. Rights/Watermarking Policy: The Samples, including accompanying documentation, are protected by copyright laws and inter- national copyright treaties, as well as other intellectual property laws and treaties. 8Dio retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, docu- mentation and musical performances included in Sequential Prophet X. Any rights not specifically granted herein are reserved by 8Dio.
Any unauthorized use, distribution or reproduction of the Samples shall not be permitted, shall con- stitute a violation of law, and shall entitle 8Dio to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by 8Dio which identifies the products, its owner and the terms and conditions for its use. Please note that the Samples may be imbedded with a digital watermark. If the product ends up in other people’s music, you will be held legally responsible, so we ask you to not to violate the terms of this license agreement. You further agree to take all reasonable steps to protect this product from unauthorized copying or use."

Busch.
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NETWORK1
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Joined: 25 Apr 2014
Posts: 109

PostPosted: Tue Oct 02, 2018 11:03 am    Post subject: Reply with quote

burningbusch wrote:
I agree with Sharp, but I would have zero qualms doing this for personal use. If this was a concern for the manufacturers, you would think they would explicitly state along the lines of what you find with all software sample companies. I know of none that do with a single exception, the Prophet X. And the reason is, the samples are provided by a software sample company and that's how the samples are licensed.

Here is the licensing agreement that comes with the Prophet X
"LICENSE AGREEMENT
By purchasing Sequential Prophet X, you accept the following product license agreement with respect to the “Samples by 8Dio” sample elements thereof and/or incorporated therein (“Samples”):
1. License Grant: The Samples in Sequential Prophet X are licensed, but not sold, to you by 8Dio, Inc. for commer- cial and non-commercial use in music, sound-effect, audio/video post-production, performance, broadcast or similar finished content-creation and production use. 8Dio allows you to use any of the Samples for commercial recordings without paying any additional license fees or providing source attribution to 8Dio, Inc.
This license expressly forbids any inclusion of the Samples into any other hardware device or in any virtual instrument or library of any kind, without our express written consent. This license forbids any re-distribution method of any of the Samples by means of re-sampling, mixing, processing, isolating, or embedding into software or hardware of any kind, for the purpose of re-recording or reproduction as part of any free or commercial library of musical and/or sound effect samples and/or articulations, or any form of musical sample or sound effect sample playback system or device or on a stand-alone basis.
1. Rights/Watermarking Policy: The Samples, including accompanying documentation, are protected by copyright laws and inter- national copyright treaties, as well as other intellectual property laws and treaties. 8Dio retains full copyright privileges and complete ownership of all recorded sounds, instrument programming, docu- mentation and musical performances included in Sequential Prophet X. Any rights not specifically granted herein are reserved by 8Dio.
Any unauthorized use, distribution or reproduction of the Samples shall not be permitted, shall con- stitute a violation of law, and shall entitle 8Dio to, in addition to any other remedy at law or equity, injunctive relief. It is unlawful to deliberately circumvent, alter or delete technological measures of protection and information provided by 8Dio which identifies the products, its owner and the terms and conditions for its use. Please note that the Samples may be imbedded with a digital watermark. If the product ends up in other people’s music, you will be held legally responsible, so we ask you to not to violate the terms of this license agreement. You further agree to take all reasonable steps to protect this product from unauthorized copying or use."

Busch.



Very intresting busch

This is what the call. THE SMALL PRINT
its surprising what they put in the small print these days.
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Sharp
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Joined: 02 Jan 2002
Posts: 17799
Location: Ireland

PostPosted: Wed Oct 03, 2018 3:57 pm    Post subject: Reply with quote

That's a first. They can write whatever they like though, doesn't make it law.

It's actually pretty hypocritical. They freely sample what they like from other manufactures products, but forbid you to do the same? lol... yeah, good look with that one 8Dio.

Sharp.
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