You hit the nail on the head. Derivative works are also copyrighted by the original owner (only the modified part belongs to the owner who made the changes).Biggles wrote:Whatever you do to the original Sound it is not yours to modify and to sell on.
If you use an original Sound and re-sample it, it is still not yours, it still belongs to Korg, Yamaha etc whoever owns the original Sound, owns all subsequent uses of said sound.
If you opened a donut outlet, called it McDonut and put a whacking great big yellow M sign on the outlet do you think that a certain company would not take legal action.
Same thing
If you look at how the software industry works when it comes to IP and source code, the same rules "maybe" applicable to the sounds and tweaking etc., Why? My logic here is, "The sounds are sampled, digitized and put into a Musical Instrument/VST/plugin. The copyright of those samples belongs to the original owner, which maybe Korg/Yamaha/Roland/etc./etc.... The company has "NOT SOLD" the firmware/software samples/copyright, instead it has "LICENSED" the sounds, patches, etc., to the purchaser for fair usage"
Consider the PC software MACOS or MS Windows; the software and IP for the same is owned by Apple and Microsoft respectively. Ripping the executable of MACOS and creating a derivative work and calling it the OrangeOS does not alter the copyright of Apple on the MACOS software and any derivative work.
On a similar line, if someone is resampling a Musical Instrument/VST/Plugin then it is called "derivative work" and the copyright of derivative work is also owned by the original author (except for the changed parts which are owned by the new author who made the derivative work).
As far as selling derivative works, is concerned, "the written consent of the original copyright owner needs to be procured before selling derivative works"
