Samples Samples Samples?

[MikeB]

I am looking for drum samples - OneShots to use in my PlugIn.

I have already contacted some sample libraries and received some offers.

But I am still looking for more possibilities.

I'm also thinking about sampling one or the other of my 50 drum plug-ins.

Unfortunately, I can hardly find any information about the legalities of sampling individual sounds from a VST.

The only information I can find is that a sound is not worthy of protection. Moreover, it might be difficult to prove the copyright of a kick one shot.

Nevertheless, I don't want to take any risks and be sure that my plug-in or the samples used do not infringe any rights.

[d.healey]

You can't use copyrighted content unless you have the permission of the copyright holder.

[ustk]

@d-healey I'd say something but I might be wrong... What about if the original sound is modified in a way we can't recognise its apparent origin?
Wouldn't it be like a new creation, like selling samples made music?

[DanH]

@ustk Not allowed, but I reckon people do it anyway! I mean, how many original clap samples can Splice really have?!

[d.healey]

@ustk No, hiding it doesn't make it allowable. If you make some music and I chop it up and put it in the background of my track without your permission I'm infringing your copyright.

[d.healey]

You might find some useful info here https://vi-control.net/community/threads/legality-of-sampling-soft-synths.104830/#post-4750714

[MikeB]

I can see we're not getting anywhere here either.

I've been dealing with this for a long time.

I'm not talking about music here either. A melody has what is known as a level of creation and is therefore protected by copyright.

A sound - i.e. a snare-one-shot - does not have this height of creation according to copyright law and is therefore not protected by copyright.

I have the URLs of 100s of SampleLibraries all selling one shots of everything. I don't think they were all recorded with microphones from real drums.

Well - nevertheless, I will probably buy my samples. To have a proof of origin.

@d.healey Thanks for the link but I've read hundreds of these discussions. Unfortunately, you know even less afterwards. Too many opinions, nothing concrete.

The whole copyright law is all wishy-washy on this point.

[ustk]

@d-healey Not if you create a new and non-recognisable sound out of it, which is my point, be it from a sample or music.
I don't talk about hiding, hiding sounds somewhat gaming with the good sense. I'm talking about creation...
But I don't know the law behind it, just guessing...

[d.healey]

If I record and edit a sample, the sample is copyrighted, I own the rights to that sound recording. If you want to use it you would need my permission. EU and US copyright law is quite clear about it, there is no requirement for it to be a melody or of a particular length to entitle the creator to a copyright.

[crd]

I don't think it's that complicated but I could be wrong. I'm also definitely not a lawyer & it may be different depending on where you live.

Recordings are always owned by someone, usually the person who made them. If you record something, you own the copyright. When you buy a sample library, you are buying a license to use the samples from the maker and there is something in the user agreement that says you will not repackage and sell these samples. (Some loop libraries actually make you renegoatiote terms if you use their loops in commercial songs... crazy.)

If you are making a sound using a soft synth or hardware and then record it then that is your's to do with whatever you'd like. It's still poor form to use someone else's presets and package that though...

[A Former User]

@ustk David is absolutely right in this. There is also a difference if I use my sample libraries, sample packs or sample-based synths in a music context like for music for games and movies in my case. That is not a problem (unless you only use a single element isolated without mixing it up with other elements)! But selling those elements (samples, audio recordings) as sample instruments or including those sound sources in your instruments and sample packs, even if you layer them up is clearly infringing copyright and goes against the license to which you agreed… Whether you can hear it or not is of little relevance imho. Just don’t do it!!

Recording stuff yourself and do so some sound design with those recordings is the way to go. Also teaming up with people who record stuff and do sound design to include those in your instruments is a great plan. What you can use for sound design drum elements is using synths like Serum or Vital for example. At least to my knowledge… I still stay away from all sources software and use hardware synths to record sounds in that vein. And also real instrument recording sessions. But if you have a friend who does some modular stuff you have a great source for drum sounds! My 5 cents only.

[A Former User]

@crd said in Samples Samples Samples?:

I don't think it's that complicated but I could be wrong. I'm also definitely not a lawyer & it may be different depending on where you live.

Recordings are always owned by someone, usually the person who made them. If you record something, you own the copyright. When you buy a sample library, you are buying a license to use the samples from the maker and there is something in the user agreement that says you will not repackage and sell these samples. (Some loop libraries actually make you renegoatiote terms if you use there loops in commercial songs... crazy.)

If you are making a sound using a soft synth or hardware and then record it then that is your's to do with whatever you'd like. It's still poor form to use someone else's presets and package that though...

Precisely!! Also be careful with soft synths… especially if they’re also sample based or hybrid. Stay away from stuff like Omnisphere for example!

[d.healey]

DrumGizmo has some CC drum samples you might be able to use in your project - https://drumgizmo.org/wiki/doku.php?id=kits

[MikeB]

@d-healey Thank you David. I will buy the samples I need for the plug-in from Noiiz. I already have permission to use them.
I prefer to know where the samples come from and I can prove that I am allowed to use them.

[d.healey]

@MikeB Very wise!

[MikeB]

@d-healey The Age Friends, The Age :beaming_face_with_smiling_eyes: