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But what about creating songs from the waveforms in a Korg? This is of course what everybody does and not prohibited by Korg..Jens wrote:It's quite simple: copyright applies in all of these cases. You made all pictures by the use of a copyrighted picture.DocBambs wrote: The original is at A1. At what point does copyright not apply?
If you add some own artistic content by modifying the picture, you might also yield additional copyrights regarding your modification. But still the copyright holder of the original has the right to prohibit the distribuition, because his copyright is still affected.
That is quite simple.
The only point where it becomes "gray" is that it will be difficult to impossible to definitely verify that a certain original has been used - in a lawsuit for example. If one takes a clean guitar sample and redistributes a heavily distorted and processed version of it - that would still be illegal, but if there's no claimant, there's no judge, because no-one will be able to tell, which original sample has been used, unless they search your rooms for evidence.
No, sorry, this would be not illegal (by german law)..Jens wrote: If one takes a clean guitar sample and redistributes a heavily distorted and processed version of it - that would still be illegal, but if there's no claimant, there's no judge, because no-one will be able to tell, which original sample has been used, unless they search your rooms for evidence.
That is the least thing you should do. But that will be not sufficient normally - you need the explicit permission to redistribute the samples - as samples.DocBambs wrote: Interesting. In the case of modification, can I credit the original copyright holder?
Again: the usage in a song is normally allowed. If it's for commercial distribution, slightly different license conditions may apply - e.g. paying an extra license fee and/or credit the copyright owner. In most cases I think these credits are matching some kind of endorsement deal, though.Album covers often list libraries among the "instruments" used in the making of albums, so that suggests there are some approaches available.
Be sure, it is. --> see below.Laste7 wrote:No, sorry, this would be not illegal (by german law)..Jens wrote: If one takes a clean guitar sample and redistributes a heavily distorted and processed version of it - that would still be illegal, but if there's no claimant, there's no judge, because no-one will be able to tell, which original sample has been used, unless they search your rooms for evidence.
I think you are confusing two different kinds of copyright. I am not sure about the appropriate english terms. I think it's "copyright" (german: Urheberrecht - applies to the lyrics/composition of a song) vs. "ancillary copyright" (german: Leistungsschutzrecht - applies to a specific recording of that song).The main thing is, if the sample is worth being protected. To be this, a sample has to be individual (beside some other criterias), and I am pretty sure, that this is not valid for a clean guitar or a piano sound. A complex sample with an own charakter (like an atmospheric sound) could be handled in an other way.
An audio recording (including samples) is not protected the same way and extent as a composition, but on the other hand, there is no threshold (as for songs) regarding "originality" or "individuality".
The situation is different if you sample a short piece out a song, for example. In this case, everything you said applies: Then it depends on the question if the sampled detail is individual enough to be covered by copyright law.
But redistributing a sample library as a whole is different in so far as it conflicts with the "Leistungsschutzrecht" (and I am sure this is similar in other countries) of the producers of the sample library. This is already a complete work - not in the sense of "Urheberrecht", though...
IANAL, but that's more or less the way it is...
I am not speaking about a riff, melody or a complete sampling library. I just answered to the part with the clean guitar. No judge in germany will punish you, because of sampling a clean guitar as this is not worth the protection. But of course, this has to be clearified by an judge in a specific situation. So you and me could be right, but I just mean, I am pretty sure, not getting punished for sampling a clean guitar sound. So that something I would do.Sampling of the clean guitar is of course completely legal. I was talking about the case where you take an already sampled clean guitar (e.g. an AKAI CD with sampled guitars) and redistribute the samples in a different data format - or distorting them and distributing them afterwards.Laste7 wrote:I just answered to the part with the clean guitar. No judge in germany will punish you, because of sampling a clean guitar as this is not worth the protection.
That's what this whole thread is about: re-sampling of complete libraries. I thought you had recognized this...Of course it is a conflict with the Leistungsschutzrecht by sampling a complete library, but as I sad before, that was not part of my post
As I said above: That's true. It would be still illegal to do so without permission, but hard to prove without more evidence than the final product.MRedZac wrote:Well, I´m quite sure, if you resample the sample libary with slight changes, for example, with a kind of effect, then show me the one who can proof, that this sample was taken from another sample libary... Maybe for certain kind of spheric sounds, yes, but not for a simple upright piano...
I agree, let's all steal all the samples we can from the companies that aren't supporting the Kronos - shame on them for not supporting us!vstkeys wrote:OMFG, here we go again another page full of discussion that will never end.
My point of view is: Korg Kronos has been out on the market for over a year now hasn't it?
So, Why these "companies" didn't start working on releasing their libraries for kronos?? Why???
Now someone tired of waiting for another year went ahead and converted the files. Bad luck I would say to them.
So, hey "supposelly" emailed a complain to the forum? ...very strange.
Anyway , as I said in the past and continue saying this is the price of greedy ...... If this companies really cared they would have produced libraries for kronos long time ago. Discussing about legal stuff is a wast of time since we are all from different countries with different laws, salaries, etc.
I pretty sure must of us would happly buy these libraries if they were released for kronos and priced fairly .
