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The Law Regarding Sampling

jkate	Date: March 15, 2003 @ 5:39 PM http://music-law.com/sampling.html ------------------------------------------------------------------------ -------- WHAT IS THE LAW REGARDING SAMPLING? Disclaimer Contact Home Sampling is the use of portions of prior recordings which are incorporated into a new composition. Sampling has become an integral part of many genres of music today. When you sample someone's song without permission, it is an instant copyright violation. It is the unauthorized use of copyrighted material owned by another. Sampling without permission violates two copyrights-the sound recording copyright (usually owned by the record company) and the copyright in the song itself (usually owned by the songwriter or the publishing company). If you want to use a sample legally, you must obtain permission from the copyright owner. The copyright owner is usually a publishing company or record label. Remember that you must obtain permission from both the owner of the sound recording and the copyright owner of the underlying musical work. The fee for a license to use a sample can vary tremendously. The fee will depend on how much of the sample you intend to use (a quarter second is a minor use; five seconds, a major use), the music you intend to sample (a Madonna chorus will cost more than an obscure drum beat), and the intended use of the sample in your song (it is more costly to build your entire song around the sample than to give it only minor attention). There are two different ways to pay for a license. First, you can pay a flat fee for the usage. A buy-out fee can range from $250 to $10,000 on a major label. Most fees fall between $1,000 and $2,000. The other way to pay for the license is a percentage of the mechanical royalty rate. The mechanical royalty rate is the amount a person pays to the copyright owner to make a mechanical reproduction (copy) of the song. A license which is a percentage of the mechanical royalty rate is generally between ½ ¢ and 3¢ per record pressed. Everything is negotiable and it is not unusual to get a license for free, if you ask. If all of this sounds confusing, there's hope. There are businesses devoted entirely to securing and negotiating clearances for samples. These firms charge less than an entertainment attorney would charge and are generally more knowledgeable about the going rates for uses. If you use samples without obtaining the proper clearance licenses, you have to be aware of the penalties. A copyright infringer is liable for "statutory damages" that generally run from $500 to $20,000 for a single act of copyright infringement. If the court determines there has been wilful infringement, damages can run as high as $100,000. The copyright owner can also get a court to issue an injunction forcing you to cease violating the copyright owner's rights. The court can also force you to recall all your albums and destroy them. There is also a rumor going around that you can use four notes of any song under the "fair use" doctrine. There is no "four note" rule in the copyright law. One note from a sound recording is a copyright violation. Saturday Night Live was sued for using the jingle, "I Love New York" which is only four notes. The test for infringement is whether the sample is "substantially similar" to the original. Remember, a judge or jury is the one who determines this and these people may be much less receptive to your music than your fans. My point is you cannot rely on fair use as a defense. Sampling can also have tremendous consequences if you have a record contract. Most record contracts have provisions called "Warranties", "Indemnifications" and "Representations". These provisions constitute a promise that you created all the music on your album and an agreement to reimburse the label if it is sued. These same provisions are included in all contracts throughout the entertainment distribution chain. The record company has them with the artist, the distributors with the record company, the record stores with the distributors, and so on. Well, all these warranties point back at the artist who is responsible to everyone else! Therefore, if you violate someone else's copyright, you will be paying all the bills of your record company, distributor and any stores which incur expenses as a result of your infringement. This can run into serious money as you can imagine. You will also be in breach of your record contract. Read your record contract carefully before using any samples. " id="36833">Music Law Offices Michael P. McCready Attorney at Law Taken from http://music-law.com/sampling.html ------------------------------------------------------------------------ -------- WHAT IS THE LAW REGARDING SAMPLING? Disclaimer Contact Home Sampling is the use of portions of prior recordings which are incorporated into a new composition. Sampling has become an integral part of many genres of music today. When you sample someone's song without permission, it is an instant copyright violation. It is the unauthorized use of copyrighted material owned by another. Sampling without permission violates two copyrights-the sound recording copyright (usually owned by the record company) and the copyright in the song itself (usually owned by the songwriter or the publishing company). If you want to use a sample legally, you must obtain permission from the copyright owner. The copyright owner is usually a publishing company or record label. Remember that you must obtain permission from both the owner of the sound recording and the copyright owner of the underlying musical work. The fee for a license to use a sample can vary tremendously. The fee will depend on how much of the sample you intend to use (a quarter second is a minor use; five seconds, a major use), the music you intend to sample (a Madonna chorus will cost more than an obscure drum beat), and the intended use of the sample in your song (it is more costly to build your entire song around the sample than to give it only minor attention). There are two different ways to pay for a license. First, you can pay a flat fee for the usage. A buy-out fee can range from $250 to $10,000 on a major label. Most fees fall between $1,000 and $2,000. The other way to pay for the license is a percentage of the mechanical royalty rate. The mechanical royalty rate is the amount a person pays to the copyright owner to make a mechanical reproduction (copy) of the song. A license which is a percentage of the mechanical royalty rate is generally between ½ ¢ and 3¢ per record pressed. Everything is negotiable and it is not unusual to get a license for free, if you ask. If all of this sounds confusing, there's hope. There are businesses devoted entirely to securing and negotiating clearances for samples. These firms charge less than an entertainment attorney would charge and are generally more knowledgeable about the going rates for uses. If you use samples without obtaining the proper clearance licenses, you have to be aware of the penalties. A copyright infringer is liable for "statutory damages" that generally run from $500 to $20,000 for a single act of copyright infringement. If the court determines there has been wilful infringement, damages can run as high as $100,000. The copyright owner can also get a court to issue an injunction forcing you to cease violating the copyright owner's rights. The court can also force you to recall all your albums and destroy them. There is also a rumor going around that you can use four notes of any song under the "fair use" doctrine. There is no "four note" rule in the copyright law. One note from a sound recording is a copyright violation. Saturday Night Live was sued for using the jingle, "I Love New York" which is only four notes. The test for infringement is whether the sample is "substantially similar" to the original. Remember, a judge or jury is the one who determines this and these people may be much less receptive to your music than your fans. My point is you cannot rely on fair use as a defense. Sampling can also have tremendous consequences if you have a record contract. Most record contracts have provisions called "Warranties", "Indemnifications" and "Representations". These provisions constitute a promise that you created all the music on your album and an agreement to reimburse the label if it is sued. These same provisions are included in all contracts throughout the entertainment distribution chain. The record company has them with the artist, the distributors with the record company, the record stores with the distributors, and so on. Well, all these warranties point back at the artist who is responsible to everyone else! Therefore, if you violate someone else's copyright, you will be paying all the bills of your record company, distributor and any stores which incur expenses as a result of your infringement. This can run into serious money as you can imagine. You will also be in breach of your record contract. Read your record contract carefully before using any samples.
Expose	Date: March 15, 2003 @ 6:08 PM Thanks jkate, this is quite an interesting article . I figured that much, but I think the reason people sample without permission, is because it's very hard to contact the artist to get the permission, or to even get a response saying yes or no. If it were that easy, it'd probably not get into such arguements.
jkate	Date: March 15, 2003 @ 6:35 PM Most of the time I'm sure it's not an issue - but when DMusic is playing with the big boys and some jackass from a hip hop label spent too much money on his latest ho and needs to line the pockets, they're gonna sue the hell out of DMusic on a technicality. I wonder if leflaw knows if just doing a digital agreement would fix the issue - that the artist uploading the song claims ALL responsibility for copyright infringment and DMusic is not in any way responsible? Would that fly in the courts?" id="36839">I totally agree, and I know there are a sssslew of sites on the net (I know, because I looked) that give away free/custom beats. Now according to copyright law, a whole bunch of shizzy has to happen between creator and "user" but it doesn't happen. Most of the time I'm sure it's not an issue - but when DMusic is playing with the big boys and some jackass from a hip hop label spent too much money on his latest ho and needs to line the pockets, they're gonna sue the hell out of DMusic on a technicality. I wonder if leflaw knows if just doing a digital agreement would fix the issue - that the artist uploading the song claims ALL responsibility for copyright infringment and DMusic is not in any way responsible? Would that fly in the courts?
Expose	Date: March 15, 2003 @ 6:39 PM I don't know about that one. How'd they find out the name of the artist? Not all the artists here have their names up. I think it'd probably go good with the courts. " id="36840">"the artist uploading the song claims ALL responsibility" I don't know about that one. How'd they find out the name of the artist? Not all the artists here have their names up. I think it'd probably go good with the courts.
thumbtack	Date: March 15, 2003 @ 7:12 PM Thank you Jkate!
jkate	Date: March 15, 2003 @ 7:16 PM Unfortunately I learned all this sleazy stuff from Sony Music Canada lawyers. But at least I have valuable info.
jkate	Date: March 15, 2003 @ 7:27 PM Par exaaample: Ripped from another site: 5. You agree that any and all music, visual images, text or any and all material placed by you on XXXXX is yours to freely place on XXXXX; you agree that you are not violating any copyright, rights of privacy or publicity, trademark, service mark, trade name, or any other legal right of any third party when you place any material of any nature on XXXXXX. You agree that there is no contract of any nature that you have entered into prior or subsequently to placing any material on XXXXXX that would deny you the legal right to place any such material upon XXXXXX or would interfere with XXXXXX’s promotional usage of your material in any manner. You also certify that no material placed by you upon XXXXXX will constitute a violation of any law, whether criminal or civil, regardless of the jurisdiction. Leffie would this CYA?
mmkb	Date: March 15, 2003 @ 7:28 PM from what i've read elsewhere there is some what of a "fair use" doctrine, and law suits regarding single notes / individual drum hits tend to get thrown out of courts. is this not the case? it's almost impossible to track down the source of one shot drum sounds, and many commercial sample cds take them off of old lps. reading this kind of stuff makes me feel nervous.
jkate	Date: March 15, 2003 @ 7:33 PM Well realistically speaking, it shouldn't even BE necessary. If the RIAA thinks there's a lot of their artists songs floating around un-purchased, they would shit entire herds of cows if they ever knew how many beats were being used in part or in entirety all over the net. The truth is, it's getting to be a tiresome law and should really be done away with or revised. BUT it still is a law. And DMusic could end up like Napster, nailed to a cross and then owned by suits. We don't want that...hence the annoying legal crap that has to go down.
thumbtack	Date: March 15, 2003 @ 7:36 PM MMkb there was recently a case where someone lost a case over three notes. I see if I can find it...Chillin posted a link a while back as I remember...
mmkb	Date: March 15, 2003 @ 7:53 PM yeah, im not even talking about three notes though. i'm talking about one snare drum, or one hi hat. the kind of sounds most rap beats are sequenced from. all the samples i use are of that variety (one note) and from either the www or sample cds i own, but this talk of law suits and lawyers still makes me sick to my stomach. i get worried that someday when im famous someone will recognize a rimshot i used and ill end up homeless.
jkate	Date: March 15, 2003 @ 7:57 PM That's why you have to protect yourself...either get written permission by the artist or unfortunately make your own. nobody wants to see their creative efforts go in the toilet because of copyright infringement. But too, someone put effort into making it, and this is the most fair way (she says glibly) to deal with it. At least for now.
mmkb	Date: March 15, 2003 @ 8:13 PM yeah, like i said though, it's virtually impossible to figure out the source of a single drum sound. even if i could remember which sample site or sample cd i found it on, they probably wouldn't know where it's from either, and i can't really afford vintage drum machines or drum kits. oh well. i own one sample cd that i won't even use, cuz im so suspicous of the original origins of the sounds on it.
leflaw	Date: March 16, 2003 @ 1:46 AM :) Maybe need to set up a FREE SAMPLE section and start compiling drums samples that we all can use for free. I've got some to upload. We can up load them in WAV format for better clarity Kick Drums Snares cymbals various percussion and even sme 4 or 8 bar beats. DMUSIC COPYRIGHT-free SAMPLE AND BEAT ZONE. ??? " id="36901">". i get worried that someday when im famous someone will recognize a rimshot i used and ill end up homeless." Maybe need to set up a FREE SAMPLE section and start compiling drums samples that we all can use for free. I've got some to upload. We can up load them in WAV format for better clarity Kick Drums Snares cymbals various percussion and even sme 4 or 8 bar beats. DMUSIC COPYRIGHT-free SAMPLE AND BEAT ZONE. ???
JFF	Date: March 16, 2003 @ 7:52 AM That's an excellent idea! I've got some I could upload.
jkate	Date: March 16, 2003 @ 8:08 AM Nice, Leffie! I'd love to pillage the crap out of DMus...I mean...share in that community
RasMasta	Date: March 16, 2003 @ 8:54 AM Isn't it ok to use samples for non profitable recordings? Such as mixtapes.
jkate	Date: March 16, 2003 @ 12:28 PM Not sure Ras - hey what are mixtapes?
icisnizz	Date: March 16, 2003 @ 2:03 PM I hate these laws really. If I sample a tuba and pitch it -25 and it sounds nothing like it does on the original recording, I'm not stealing anyone's music. Besides, I know artists that sample full bar's and have albums circulating around the country that haven't payed a cent. True, if someone wanted too, the could sue, but who listens to underground hip-hop anyways, people who don't care. The fact is that I can't afford to pay any of those fee's, even the smallest one listed, which is $250 bucks. Haha, I barley make that off album sales alone. In a better world, the law should have a chart, not based on the popularity of the song of which you sample, but on length, and sales you make off of the song you composed with that sample. You should only have to pay this fee once your album makes a certain number in sales, almost like how they work the tax system. The more records you sell, the more taxes you have to pay to whoever you sampled from according to a chart. That makes more sense to me. (but will never happen)
icisnizz	Date: March 16, 2003 @ 2:08 PM This means that artists who go platinum and sample, would have to pay huge sample tax's. The same way people who make a lot of money in there day job, have to pay high tax's. musicians should be treated more like workers if there dragged into the court system.
icisnizz	Date: March 16, 2003 @ 2:08 PM This means that artists who go platinum and sample, would have to pay huge sample tax's. The same way people who make a lot of money in there day job, have to pay high tax's. musicians should be treated more like workers if there dragged into the court system.
icisnizz	Date: March 16, 2003 @ 2:08 PM Dammmmmm dial up, arggggg...
jkate	Date: March 16, 2003 @ 2:56 PM I agree Icis!
leflaw	Date: March 16, 2003 @ 3:06 PM DMUSIC SAMPLE LIBRARY In order to do it, however, we would have to keep the samples in WAV format. I think. Lets do it!!!!! Anybody got any wav samples? how big are they? can they be emails? FTP'ed? JFF, what do you think?
jkate	Date: March 16, 2003 @ 3:11 PM You know it might not be a bad idea to go on some of these other free sites and get permission for DMusic to offer them as WAVs on the site...
RasMasta	Date: March 16, 2003 @ 4:09 PM JKate...mixtapes are what circulate around in hip hop that just has new tracks or artists spitting over other artists beats. They aren't meant to make money or anything. Just music.
jkate	Date: March 16, 2003 @ 4:30 PM Gotcha. Thanks for the info.
ChillinBuzz	Date: March 17, 2003 @ 7:10 AM um i got some WAVs, Larry. over 20000 and rising.... what do ya want? (oh and for info purposes: as best my knowledge the huge majority of my beats now and all my recent stuff have been made using legitimate AKAI CDs that were purchased legally and then converted to PC format - this i think might get me in the doghouse with AKAI but i cant say i bothered to check and at least I had paid for it first so who cares) - those samples you cant have tho. you and i would both get shot hoot:
JFF	Date: March 17, 2003 @ 7:39 AM I agree they should be kept in wav if possible. I've got lots of loops, they're not that big, even in wav(2-5Mb). I can also sort out individual samples off my Korg & my dusty old 505. FTP sounds like the best way to do it to me.
mmkb	Date: March 17, 2003 @ 5:39 PM JFF, individual samples off your korg would be tight. what kind of korg do you have? they're is already 505 samples floating around the net, i have a large collection of individual samples from vintage drum machines, but they were not created by me so we might have to email some people concerning redistributing certain sets.
JFF	Date: March 17, 2003 @ 6:29 PM mmkb, I have a TritonLE. I'm currently working on doing some multi-sample sets.
leflaw	Date: March 17, 2003 @ 10:16 PM We use winscp instead of FTP ( its a secure shell version of FTP - free download, etc. I will set up a directory and let yous know.
RasMasta	Date: March 18, 2003 @ 12:31 AM I'll download winscp now.
JFF	Date: March 18, 2003 @ 8:20 AM Okay leflaw, nice1.
RasMasta	Date: March 19, 2003 @ 5:36 AM samples p-diddy and gets sued by so many more people than just him
ChillinBuzz	Date: March 20, 2003 @ 4:54 AM *samples the air and gets sued by the environment agency for pollution
Elu	Date: March 20, 2003 @ 12:24 PM I would like to comment on the drum hits post. You can not copyright a particular sound that is generated with a musical instrument and or digitized with a computer program, it is also safe to say, you can't copyright a drum loop unless it has some musical composition about it. Drum loops can be re-created by using a person's own sounds and midi programming. I have duplicated many a beat but have not stolen anything. There are only so many basic beats and many thousands of ways to embelish those beats and or available instruments and or synthesizers to re-create the sounds and any two, three...even a hundred people could duplicate the same or approximately the same beat with the same sound. Drums and beats without musical composition can not be copyrighted.
Elu	Date: March 20, 2003 @ 12:27 PM Thumbtack, the Beastie boys were the ones sued over the three notes. They were taken from a flute player and used but slowed down. They even paid to use it from the publisher but the publisher never said anything to the original artist...(evil publishers).
Elu	Date: March 20, 2003 @ 12:33 PM One more thing...you can't be sued if you use a stock sound or a produced sound from any keyboard. It doesn't matter if you sample the sounds from your friends keyboard and use it. It is still not protected by copyright. It is free to use by the manufacturer. The only way you infringe on a copyright is if you use a particular arrangement of notes and or time signature that is recognizable. And another thing...How many times have you heard a song on the radio and could sing someone elses lyrics to it and they fit?...or it sounds like another song you know? Chord progressions can't be copyrighted either.
Elu	Date: March 20, 2003 @ 12:34 PM Nobody freak out....
jkate	Date: March 20, 2003 @ 12:49 PM Yeah the beginning of Garbage's "Stupid Girl" had almost the exact same lead in as a Clash song.
ChillinBuzz	Date: March 20, 2003 @ 12:53 PM most blatant John Lennon "Imagine" rip-off (and they admitted it too, cheap gits :shoot:)" id="37644">Oasis - "Dont Look Back In Anger" most blatant John Lennon "Imagine" rip-off (and they admitted it too, cheap gits hoot
RasMasta	Date: March 20, 2003 @ 10:43 PM Oasis are Beatles clones...just the DNA went wrong somewhere...
rapidhopeloss	Date: March 27, 2003 @ 3:44 PM Then there's Shaggy stealing the bassline from The Joker by Steve Miller Band shudders
Station-Zero	Date: May 1, 2003 @ 1:12 PM Now I must rework some songs.... darn
sinai	Date: May 1, 2003 @ 1:31 PM i sample ALOT, more than any artist ive heard on here, and i could care less how illegal it iz, i see it az giving up respect and admiration to ur influences, hell if people get ahold of my tracks everyone from allison kraus to gregorian monks to soulfly could sue me... and the day max calvera knows who christopher fair is, then my mission is accomplished
sinai	Date: May 1, 2003 @ 1:33 PM and i gots some .wavs for the cause to, to get off in that tangent
lilshawtie	Date: May 3, 2003 @ 3:21 AM ...
ronnie71	Date: May 5, 2003 @ 1:11 AM it was my understanding that only melody and lyrics could be copywrited.. drumbeats cannot..
ChillinBuzz	Date: May 5, 2003 @ 12:27 PM music seems to be in a huge recycling bin, the only thing is those little bits of legal paper someone threw in... now we know why recycling costs so much
JFF	Date: May 5, 2003 @ 6:44 PM too true
Electroharmonix	Date: May 7, 2003 @ 9:31 PM I sampled a part of "setback" by Fluke in order to create my remix.
thumbtack	Date: May 8, 2003 @ 6:16 PM http://news.dmusic.com/article/6658" id="45013">http://news.dmusic.com/article/6658
pog	Date: May 10, 2003 @ 11:11 PM I seem to remember that there is a fine line, but I think it is possible to sample other's work on the condition that it is in no way identifiable when you use it. As in, if the riff or sound is the same as the original, its a copyright violation, but if it doesn't sound anything like the original, then it's okay. Or at the very least, an agreement could be reached and royalties would be much lower.
DJRzonE	Date: May 13, 2003 @ 6:41 AM Is it true that there is a 2 SECOND LIMET....?
DJRzonE	Date: May 13, 2003 @ 6:46 AM THATS WHAT I HEARD .... I MEAN HIP HOP USEES MULTIPLE AMPLES,,, BUT A LOT OF SONGS JUS FLIP N TWIST SAMPLES N HOW COULD U TELL IF THERE THA ORIGINALS ?
funkybeans	Date: May 23, 2003 @ 12:55 AM yeah i like what Dj RzonE has to say, coz peolpe over use words of songs all the time .. peps sould be able to use what they want ...
sinai	Date: May 23, 2003 @ 1:39 AM funny way of saying it, but i agree
shadow-emcee	Date: June 30, 2003 @ 9:02 PM it feels virtually impossible to contact the artists to ask to use samples,so impossible its just gettin to where im jus gonna go use their sample anyway to make my stuff complete
Svensta	Date: June 30, 2003 @ 9:46 PM Just freaky seeing JKate's name again, honestly.
MasBeatz	Date: July 26, 2003 @ 4:16 PM Exactly,thats what most people gonna do reguardless, lol... I personally dont even sample cuz i want originality... Wanna get to the point where its so ill and original that people want to sample FROM ME... Now, why would somebody wanna sample from you if you yourself sampled from 50 other folk? (Illegally at that)... lol... Suttin to think about..." id="55890">"it feels virtually impossible to contact the artists to ask to use samples,so impossible its just gettin to where im jus gonna go use their sample anyway to make my stuff complete" Exactly,thats what most people gonna do reguardless, lol... I personally dont even sample cuz i want originality... Wanna get to the point where its so ill and original that people want to sample FROM ME... Now, why would somebody wanna sample from you if you yourself sampled from 50 other folk? (Illegally at that)... lol... Suttin to think about...
BenRebel	Date: December 10, 2003 @ 5:55 PM you have to admit that sometimes the fact that the part sounds samples makes it hot.. sometimes I write music just for the purpose of sampling it for another song.. and laugh when people try to fiqure out where I got the sample..
comorbid	Date: January 24, 2004 @ 2:44 PM What about sound bytes from movies?
comorbid	Date: January 24, 2004 @ 7:40 PM Well, I guess the same rules would apply...but I'll still look into that.
figfarmer	Date: January 24, 2004 @ 10:27 PM I can't see how anyone using someone else's sound could call themself a musician, not a thief. Brian and I create all our own music, every bit of it, from scratch. I'd really like to piss on the folks that rip off a musician's hard earned intellectual property and use it in something else, not even giving the original artist credit, never mind proper payment.
sinai	Date: January 24, 2004 @ 10:47 PM
figfarmer	Date: January 25, 2004 @ 1:26 PM Michael McCready? I think I knew someone from Belleville named Mark McCready. Used to hang around with Paul Bonneau and talk backwards all the time, Mo nut I ween?
LukeSteele	Date: January 25, 2004 @ 6:54 PM I agree figfarmer. Seems theres thieves here who survive artistically on leeching others music then call themselves musicians and then have the nerve to call us "money people", right sinai1? Well let em sample away but if they get caught they lose not just the profits of their stealing but damages too...justice can be real sweet.
geetarman	Date: January 25, 2004 @ 7:43 PM We need a dictionary to define: "musician". This would help frame the discussion!
sinai	Date: January 25, 2004 @ 8:05 PM it's not illegal if your not selling
sinai	Date: January 25, 2004 @ 8:54 PM look, before this becomes some big ass arguement and everyone's motherfuckering everyone else and he's leaving and she's leaving and "kiss my ass you piece of shit bitch!" stuff starts happening let me juss say this mebbe some of the stuff ive said in the copyright threads or whatever has been abit, prickish, for lack of a better word, but all i'm sayin is this i realize alot of people here have a financial gain involved in their work, and there's certainly nothing wrong with that, feed your kids any way you can, but come on! this is music! get in the spirit of things! realize that true creation and art shouldn't have limitations on what people can and can't do. True, the music business is a business but at it's heart is the very word that precedes it. Music. That glorious expression people have been groovin too since the first time a cavewoman shook her bum to a group of cavemen beating on a wolly mamoth's butt with sticks and it's different things too different people, inspirations come in alot of different forms and NONE of them should ever be considered any less valid than any other. what are you trying to say? it'd actually piss you off if you walked by a homeless guy strumming away a few chords of a song you wrote for spare change? or are you gonna stoop down and take your "share" from his guitar case? you choose to be a musician, more power to you, by all means, have at it with my blessing, but realize your in a sector of creation that shouldn't (and thankfully, usually doesn't) have limits. That one day, some kid in his bedroom may fall in love with a riff you wrote, chop it into a beat he created, and lay down a song about the first time he ever felt a girl up. And that doesn't make what he did any less. there's room for everyone in music, no matter what they do
figfarmer	Date: January 26, 2004 @ 10:22 AM Take it to the next level Si. Somebody takes naked pics of your five year old kid and publishes them on the net. "true creation and art shouldn't have limitations on what people can and can't do", right? They dig up your week old dead and display them in an aquarium at a local art gallery. "true creation and art shouldn't have limitations on what people can and can't do", right? You've been working on a book for six years doing research and almost dying in the process. Somebody downloads it from your computer and adds, "A guy says." to the beginning and it turns out a best seller. "true creation and art shouldn't have limitations on what people can and can't do", right? I guess it depends on where you're coming from.
Clockwork86	Date: May 30, 2004 @ 11:48 PM I have a question.. I listen to alot of old records, and run into alot of music that I recognize.. Especially alot that Dr.Dre has sampled. He takes a melody, loops it, adds some hard drums.. I'm assuming that's illegal.. But what if somebody takes a piano melody.. say 10 keys.. and takes key by key and changes it completely? If you know what I'm trying to say.. Like for example, the original melody went in this order: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10.. then they sampled it, cut each note and put it together like: 3, 5, 4, 1, 2, 8, 7, 10, 9

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