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Is it legal to sample classical music

EvalLin	Date: March 27, 2006 @ 10:17 PM "Is it legal to sample classical music" could i sample material from somebody like Chopin who's been dead for a long time, or would it be copyright infrigment agianst the person that recorded it, Also would it be legal if i used compositions from an artist that been dead for over a century, or would it be copyright infrigment agaist thier desendants...
EchoMinor	Date: March 27, 2006 @ 10:33 PM well any real audio you could sample would have been arranged and produced by someone who has copyrighted the version so just because the original creator is dead doesnt mean their music is up for grabs without getting permission from the label it is released under.
EchoMinor	Date: March 27, 2006 @ 10:34 PM the label of the cd that you are taking the sample from
azhazhellfire	Date: March 28, 2006 @ 3:09 PM if you get fined for using chopin, i will personally take responsibility for annihilating copyright completely
azhazhellfire	Date: March 28, 2006 @ 3:09 PM chopin isn't under any label you fool. he's long dead, and the people who backed him are even longer dead.
GeneHilbert	Date: March 28, 2006 @ 3:14 PM to perform no........ sample some else’s performances yes....
K3VIN	Date: March 28, 2006 @ 3:20 PM ok dont listen to me, i just thought if the person has been dead for 50 years, you can copyright his stuff.
K3VIN	Date: March 28, 2006 @ 3:20 PM or her
GeneHilbert	Date: March 28, 2006 @ 4:11 PM Oh no..... length of time deceased is not the factor.... it's whether or not rights exist and/or owned and by whom... Fox agency is the place to start for title rights discovery and to license “rights of use” if necessary.
EchoMinor	Date: March 28, 2006 @ 4:30 PM what chopin is dead? wasnt he on the 4AD label? anyways he may be dead but the labels that release versions of his music im sure would have rights to the contents on their CD. for example EMI Classics label released a collection of the Chopin works, sense its EMI im sure you would need to get permission to sample it.
EmpireDay3	Date: March 28, 2006 @ 10:54 PM aye, see - there's the rub - you'd be sampling, say, the new york symphony's performance of classical music or whichever group recorded it - and that's the protected part. You could play the classical music all day to your hearts content and not have an issue - get it? It's the same thing as sampling someone reading the Bible and reading from the Bible yourself (as long as it's not something someone has written about the bible or some whacked out interpretation that has been copywritten...) it's wierd, but I actually encountered both of these situations and really consulted an entertainment attorney about them - crazy stuff man. Find a keyboard player for hire, pay him an hour to come and perform chopin, get him to sign a work for hire release and then use it however you'd like.
EchoMinor	Date: March 28, 2006 @ 10:58 PM but....it is a sample, depending on how long in length the sample is could determine how fast or at all that they make you get permission as long you arent remotely famous nationwide you could get away with not getting permission
shadowself	Date: March 28, 2006 @ 11:00 PM Careful - look at what happened to the Verve when they stole 12 notes of a symphonic Rolling Stones song!
K3VIN	Date: March 28, 2006 @ 11:09 PM actaully if you remake a song, you have to get permission.
EchoMinor	Date: March 28, 2006 @ 11:09 PM well yes that can happen...thats why i never use samples anyway. if one day my music makes someone want to pay me and the first thing they hear is an unlicensed sample...it might look bad.
GeneHilbert	Date: March 28, 2006 @ 11:58 PM remake a song, you have to get permission.... only if you sell it.... I'm recording a CD of Jazz standards..... but it's for promotional use only not for sale.... no license
zedsalt	Date: March 29, 2006 @ 10:57 AM There isn't any mention of profit in the standards for what is considered copyright infringement. It's illegal if you take a copyrighted work and "make it available to a group larger than a reasonably sized circle of family and friends". What constitutes a "reasonably sized circle" is left to each judge, but I HAVE personally watched someone unsuccessfully try to defend an internet posting of a tune without license on the basis that in over two years, the tune only received a handful of listens. That particular justice said that the number of actual listens was completely irrelevant, the music was "made available" to anyone with internet access.
GeneHilbert	Date: March 29, 2006 @ 11:21 AM I don't doubt that, Fox has been going after the midi sites for years for posting midi covers.
jimbobber1985	Date: March 29, 2006 @ 11:31 AM im sure copyrights only last for 50 years cos there was summat on the news a while back about cliff richards music being out of copyright and he was pissed but couldnt do owt about it. and cliff richard aint dead!
shadowself	Date: March 29, 2006 @ 11:55 AM "Composers and writers in Britain continue to enjoy protection for 70 years after their death. Singers, such as Sir Cliff, who interpret other people’s songs are at a particular disadvantage." http://business.timesonline.co.uk/article/0,,13130-1338692,00.html" id="211793">Gene: Fox has been going after the midi sites for years for posting midi covers. What a waste of time. How could MIDI files be hurting Fox in anyway? I can't think of one person who would say, "Oh, I don't need to purchase this song anymore - I have the MIDI file!" And regarding Cliff Richard: "Composers and writers in Britain continue to enjoy protection for 70 years after their death. Singers, such as Sir Cliff, who interpret other people’s songs are at a particular disadvantage." http://business.timesonline.co.uk/article/0,,13130-1338692,00.html
sinai	Date: March 29, 2006 @ 11:59 AM as long as it doesn't sound like Live's version of it, i think you'll be okay
EvalLin	Date: March 29, 2006 @ 12:38 PM I did a ambient/electronic, jazzy version of Chopin's prelude #15, using a midi file, i'll upload it....
desiderata	Date: March 30, 2006 @ 6:53 PM @ "anc cliff richard aint dead!"
EvalLin	Date: April 1, 2006 @ 2:25 AM "well yes that can happen...thats why i never use samples anyway. if one day my music makes someone want to pay me and the first thing they hear is an unlicensed sample...it might look bad."....... I plan i doing an album that's about 50% samples(given only to friends), Then i'm going to make a second album from that with no unlicensed samples, i'll use the same ryhtem if the sample was key to the song(Distrubuted more widely, and on the web)
EvalLin	Date: April 1, 2006 @ 2:26 AM "...rythem"
pancreaspuppet	Date: April 1, 2006 @ 4:47 AM "...rhythm" I think is the correct spelling. I think the fun part about sampling is taking samples that are under copyright, and screwing with them until they're no longer recognisable. Cutting them up, filtering, repitching, etc, can let you retain the sonic qualities of the sample, but make it much more difficult to detect. I have a track that's based completely on some samples from a really famous acoustic guitar track... (which will remain unnamed for obvious reasons) but no-one's ever picked up on it!
EvalLin	Date: April 2, 2006 @ 3:12 AM "spelling"....i was sleepy...."screwing with them until"....i made a song from a sample that was less than a second long, i created about 40 samples from it

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