pirate's mind: a sampler's dilemma

Since the op1 has made sampling audio from various sources so much more accessible and portable; and even without a computer those samples are easily chopped & processed for use in other possible works, without accreditation, shared &collaborated on by producers across international lines with different copyright laws, is it possible that this technology could force some difficult legal questions?

lol, no. that would mean every sampler ever made would be subject to this sort of thing.

if you're making serious $$$$ using highly recognizeable samples or bangers for kanye west, or then maybe u need to worry about clearing samples.

otherwise just keep plundering. nobody cares

yeah the technology itself isn’t illegal, so do whatever you feel most comfortable doing I say. I won’t hold it against anyone, what they do is their business and what I do is mine.

@docshermsticks I’m still nervous about selling anything even if the material is obscure. Does this happen a lot? I mean non-indies have labels to negotiate use and otherwise protect them, so that’s one thing. And if you’re not selling anything nobody is going to do any worse than a c&d letter so I’m not worried about that.

Dude, Danger Mouse became famous for sampling the hell out of Jay-Z and The Beatles and putting it out for free. Now he has has Grammys and produces U2 and shit.

But yeah, if you’re selling stuff, you can set yourself up for legalities. A c&d letter is one thing; a legit lawsuit is a whole other ballgame.

That said… I personally subscribe to the “everything is a remix” philosophy and DGAF.

@wingo yeah I am not worried when I sample for free stuff. It’s fun. I just wish we could go the whole way like that legally. Like, protection for selling works using sampling in a “fair use” kinda way, i.e. if it’s not egregious. Doesn’t help mashups but man I don’t have all the answers.

I think it also depends on the length too right? And Aren’t there embedded codes on major released songs now? A friend of mine had his soundlcloud songs taken down for something related.

About the embedded codes… there was SDMI and related tech, but I thought that was long abandoned. Anyway I wouldn’t likely run up against that, I am sampling old records… '80s at the latest usually.

I’m not sure about length. For example a judge ruled 3 notes was too much and even the RIAA was not happy about that. That ruins my practice of taking 1-2 whole bars per sample. There are also some pretty heavy rulings that sort of accumulate to there being basically nothing you can sample depending on how you read it. I don’t know how much of this stuff still stands. A problem is the whole thing is in case law and fair use is of little help. Weird Al can use it because he’s doing parody and even then probably only because he doesn’t use sampling to do his thing. He still asks permission anyway, but he doesn’t have to.

NAMM is going to be littered with these:
2:30 p.m.–3:30 p.m.
Intellectual Property Forum
Anaheim Convention Center, Member Center, Lobby B/C
NAMM members who want to protect their music products and inventions should plan to join us for expert tips at the Intellectual Property Forum, featuring Susan Anthony and Richard R. Cole from the U.S. Patent and Trademark Office (USPTO). Attendees will have the opportunity to participate in a Q & A session with Anthony and Cole, as well as the chance to suggest topics for the Third Annual NAMM IP Academy. Visit the USPTO in Boot

Maybe I’ll sit in on one.

That could be interesting. I’d like to hear about it if you do.

Definitely! I’ll be sure to take notes if I get a chance for this. I highly doubt it, but I wonder if I can bring in a recorder.

Record it then ask during Q&A if you can use cuts from the recording in a track. :wink:

In truth I would love to have that kind of material to mix into a track.

Bahah brillant!