When does Sampling become Piracy ?

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blackmamba
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Post by blackmamba »

Hello Sharp,

About Spectrasonics, I visited the link you mentionned and I do agree with you. However, they were fair enough to describe what they used (true or not) to make Omnisphere its still a good start ;)

What is your opinion about sampling physical modeled softwares ?
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Sharp
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Post by Sharp »

About Spectrasonics, I visited the link you mentionned and I do agree with you. However, they were fair enough to describe what they used (true or not) to make Omnisphere its still a good star
I think you missed the point.

It makes no difference that they explain what software / hardware they used. The fact is that they DID use other peoples software and hardware to create the PCM data for Omnisphere, and have no right to prevent anyone from using Omnisphere under the exact same conditions they did to create new PCM data for some other new product.
What is your opinion about sampling physical modeled softwares ?
I've already answered this in other posts in this thread and others. It makes no difference what you are sampling so long as what you sample sounds nothing like the original sound.

If your going to emulate something known, make sure that it's damn old, more than 2 decades so that nobody will even care. This is NOT a safe option though, it's a grey area.

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blackmamba
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Post by blackmamba »

Hello Sharp,

Why did Spectrasonics give the list of what they used in your opinion?

For physics modeled softwares, I still don't understand :)
Because there is no base sound, and if you can't sample something like that, it just prevents you from using the software.

Its the same as if microsoft was saying that you can use Microsoft Word but they have some rights to claim about how you will use it and what you will create with it ...

I can understand your point for sampled-based software but not for modeled-based ones ...

Its old but :
http://www.law.berkeley.edu/journals/bt ... /text.html
On the other hand, a computer program is defined under the 1976 Act as a "set of statements or instructions to be used directly or indirectly in a computer in order to bring about a certain result."84 Because samples are merely data and do not "bring about" a result, they are probably not programs under the Copyright Act, no more than are word processing files or musical notation files
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Sharp
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Post by Sharp »

Why did Spectrasonics give the list of what they used in your opinion?
I can think of many reasons, one of which is that it simply makes all the sense in the world to do so from a “selling the product” point of view. In all fairness, it's a pretty epic list of classic hardware.

Who wouldn't drool while reading a list like that ?
For physics modeled softwares, I still don't understand
Because there is no base sound, and if you can't sample something like that, it just prevents you from using the software.
If you are sampling custom patches you made yourself in the software, then it makes no difference how the sounds are generated by the software.

All that matters is the “unique sound” you created with the software. This unique sounds is your your creation to do so with as you please.

It would help if you told me what VST you had in mind because I can clearly tell you seem to have your eyes on something very specific.
Its the same as if microsoft was saying that you can use Microsoft Word but they have some rights to claim about how you will use it and what you will create with it ...
Yes and No. It all depends on what point you are starting from.

Microsoft world does not come with a 128 original best seller Novel's pre installed for you to edit into your own Novel.

Where a VST does come with 128 original sounds you are probably planning on editing and then calling your own.

This is why I'm saying if you are going to create something, make sure it sounds nothing like the original sound you started with. If you do that, there's no issue regardless what software your using.
I can understand your point for sampled-based software but not for modeled-based ones ...

Its old but :
http://www.law.berkeley.edu/journals/bt ... /text.html
Thanks for the link. I will have to ready though it all, but the opening few lines are something people have been successfully sued over.

Sampling someone copyrighted performance is old hat and many have been sued over that. It was a big thing in the 90's when samplers became popular. Some artists simply and successfully sued everyone in sight, and others saw the benefits in this and worked with the people illegally sampling and made music history. Aerosmith and Run DMC “Walk This Way” comes to mind as a great success story.

I'll take the time to read the rest of the link though as it does go into samling sounds. First time I've ever seen anything that specifically speaks of such content in a legal manner.

Interesting.

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Sharp.
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blackmamba
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Post by blackmamba »

If you are sampling custom patches you made yourself in the software, then it makes no difference how the sounds are generated by the software.

All that matters is the “unique sound” you created with the software. This unique sounds is your your creation to do so with as you please.

It would help if you told me what VST you had in mind because I can clearly tell you seem to have your eyes on something very specific.
I didn't have any specific one in mind but Korg electric pianos, Pianoteq or any instrument from http://www.samplemodeling.com/en/products_horntuba.php could be examples.
But yes, I was thinking about sampling one specific patch for one modeled instrument.
I don't really mind that it becomes mine, I would just like to release them in a software without having trouble and by being sure I am respectful to people who recorded/created sounds or softwares I will use.

If there are 2 possible patches then, if somebody samples them, they might have the copyright for that ....
If there are 1 million of possibilities, then, I guess it's different as its very unlikely people have 2 times the sames patch!
Thanks for the link. I will have to ready though it all, but the opening few lines are something people have been successfully sued over.
I am happy the link helps ;)

Once again, thank you for your time.
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Post by Sharp »

Pianoteq or any instrument from http://www.samplemodeling.com/en/products_horntuba.php could be examples
Products by Sample Modelling are not Virtual Modelling at all in my opinion as they are entirely driven by PCM data running scripts in Kontakt. Kontakt is not a Virtual Modelling sound engine either by any means. It's an advanced Sampler. So in my opinion it would be extremely dangerous to touch any of their products for the intention of reselling as samples in a natural form close to the original sounds.

As I previously said, would have to create something unique that sounds nothing like the original. If you are not going to do that, then my advice would be not to touch Sampling Modelling progarms at all for what your planning. I see them as being extremly dangerious to sample.

Pianoteq on the other hand is entirely based on virtual modelling, so it's an instrument all onto itself just as much as a real piano is. They too intentionally are trying to emulate other peoples products with it.

On that one I really don't know. It's a mind field of complications that go both ways for and against.

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blackmamba
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Post by blackmamba »

I appreciate your warnings advices they are helpful :)
As I previously said, would have to create something unique that sounds nothing like the original
What does "sounds nothing like the original" mean?
Creating a violin sound from another violin sound is ok?
For example, X samples Steinway piano, Y samples Steinway piano, basically, they will have approximately the exact same sound...

What would you do to have basic instruments's sounds (from piano, violin, etc ...) without needing to record them?

I read in one of your post that mixing could be the solution?
You were taken the example of piano+violin if I remember correctly.
Violin1+Violin2 would be considered as "new" sound?

Pianoteq on the other hand is entirely based on virtual modelling, so it's an instrument all onto itself just as much as a real piano is
I guess it depends whether or not Pianoteq is considered as a software or as an instrument ...
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Post by Sharp »

What does "sounds nothing like the original" mean?
Creating a violin sound from another violin sound is ok?
For example, take a Violin sound and I warp it in a sound engine to turn it into some dreamy pad sound that bears no relation to a Violin whatsoever.
What would you do to have basic instruments's sounds (from piano, violin, etc ...) without needing to record them?
Haven't got a clue because the question of weather or not that's even legal or illegal is unanswered by anyone able to quote the law on this.

All we have ever discussed on this form was our moral views on all this and were we all draw a line in the sand we do not cross.

I've drawn my line and I do not cross it for moral reasons and to be honest, I find it far more interesting to create new and totally original sounds.
I read in one of your post that mixing could be the solution?
It's a possibility. Vengeance / ReFX do that all the time for their Nexus products for example. So do many others. I've listened to their libraries and I was able to easily identify sounds from KORG and Roland products in their libraries.
Violin1+Violin2 would be considered as "new" sound
I personal don't think so and I don't know of anyone doing that. What Vengeance / ReFX do is take something like a Guitar sound, tweak it, and then mix it with a Analog Pad tweaked, then sample the two combined down into a single sound.

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blackmamba
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Post by blackmamba »

Its sad :(

Who can seriously afford to pay a string orchestra to sample it? ....
Moreover, it doesn't add anything to music/creativity. Every ones records its steinway, with the same samples as a result, etc ...

Among all these big companies, isn't there one who just said "Yes you can use the keyboard/library without any restriction" ?
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blackmamba
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Post by blackmamba »

Hello again Sharp,

I was looking at the amazing job done for Sonatina Orchestra :
http://www.korgforums.com/forum/phpBB2/ ... hp?t=69582

I am very happy that I found that, it's very nice to share such a work.
Is this completely safe for commercial sampling redistribution?

It looks like the license CC sampling + is deprecated, don't know what it means though ..

I think I will use CC for my software sound banks as well as it really brings something to the music and to the community.
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Post by Sharp »

Is this completely safe for commercial sampling redistribution?
Absolutely not as the source of the data is from many different websites which directly prohibit that kind of use. They data is to remain free to download / share and the future development is supported by donationware.

Some of the data on that website may also be questionable.

Here's a quote from the website for example.
I have no idea who the original authors were or what licensing might apply
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blackmamba
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Post by blackmamba »

Why is it written :
You are free:

To sample, mash-up, or otherwise creatively transform this work for commercial or noncommercial purposes.
then?

What about :
IOWA samples : http://theremin.music.uiowa.edu/MIS.html?
LSO samples (mp3) : http://www.philharmonia.co.uk/explore/make_music?
DSK (not amazing but still): http://www.dskmusic.com/category/vsti-all/?
Piano One : http://www.supremepiano.com/product/piano1.html
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Post by runningman67 »

Removed by me
Last edited by runningman67 on Sat Dec 28, 2013 4:06 pm, edited 1 time in total.
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blackmamba
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Post by blackmamba »

Didn't understand that one in this context :beer

I also found Salamander Piano which is very good (just downloaded) and looks to be free even for commercial use:
http://www.kvraudio.com/forum/viewtopic.php?t=302813
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Post by Sharp »

Hi blackmamba.
blackmamba wrote:Why is it written :
You are free:

To sample, mash-up, or otherwise creatively transform this work for commercial or noncommercial purposes.
then?
They have no rights to the data whatsoever so you need to ignore everything they say. It's not their property, and they even admit they have no idea where it all came from or if it's all legal.

So forget about that website says as all the text there is meaningless as they own nothing they host.
I didn't see anything in 3 of the links that cleared up the copyright either way so you would have to contact them. Only the second link directly forbids the resale of the sounds as sample or instruments for a sampler.

That being said, all 4 links are donationware projects. They provide the data at no charge to everyone and they depend on the good heart and generosity of people to make donations so they can keep on developing content for free.

In my opinion, to resell their work is the same as ripping off your local charity. It's morally wrong on every level.

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