Blogcritics Comments on A "Sample" of Bad Law

Comment by Jack Oughnun on A "Sample" of Bad Law

Sun, 19 Nov 2006 17:52:09 EST

I Like Sex..?

Comment by Commissioner Gordon on A "Sample" of Bad Law

Sun, 13 Nov 2005 20:27:11 EST

I want to sample voices from various sources ranging from cartoons to kung-fu movies. Can you be sued for this?

Comment by johnlee on A "Sample" of Bad Law

Sat, 4 Jun 2005 01:41:51 EDT

Read the full text of the final court order, not a censored opinion by a non-lawyer journalist in a hurry. This case only applied to a Hollywood movie producer sued for a tiny technicality in a contract, when the producer DID have copyright permission to use the loop. The singer/songwriter who sampled the loop was NOT sued. Search for the case at Findlaw.com, US Courts, 6th Circuit. Jew lawyers vs Jew lawyers in a shakedown of Hollywood's deep pockets. Ignore em and keep on loopin.

Comment by Mac Diva on A "Sample" of Bad Law

Thu, 9 Sep 2004 16:57:04 EDT

The 'recognizability' issue is going to be a difficult one. Does one go with the reasonable person standard? Require expert testimony? My inclination would be to stick with concept and/or use of a sequence of music (30 seconds or a minute?) before considering royalties. Consider Nelly's "My Place," high on the hip hop and pop charts. The concept is from Teddy Pendergrass' "Come Go and With Me." So is a little of the music. However, other soul classics are also influential, since the song is a 'Love Man' number. Instead of trying to track every nuance of a sample, the most dominant aspects would be the ones I would pay attention to.

Comment by bhw on A "Sample" of Bad Law

Thu, 9 Sep 2004 16:52:57 EDT

ahhhhh....

Comment by JR on A "Sample" of Bad Law

Thu, 9 Sep 2004 16:44:32 EDT

For example, the idea of the G7sus4 chord is in the public domain, but a specific G7sus4 chord played by John Lennon on his Rickenbacker guitar and recorded by George Martin and Geoff Emerick at Abbey Road Studios through EMI's microphones, sound processing equipment and console is, as far as EMI is concerned, the sole property of EMI. If they can do a spectrum analysis of a recording you are selling and show that it contains the exact same set of frequencies as one manufactured on their equipment by their employees, they can sue you, even if they find it buried in so much other sound that no casual listener can recognize the similarity. However, you can probably get out of it if you can find other sound samples predating both the ones in question which are also indistinguishable within the limits of error of the measuring equipment, which has traditionally been human ears (a.k.a. "the casual listener").

Comment by Eric Olsen on A "Sample" of Bad Law

Thu, 9 Sep 2004 16:19:51 EDT

it's a recording of a specific "note here, a chord there" tht is being sampled - the recording is the issue

Comment by bhw on A "Sample" of Bad Law

Thu, 9 Sep 2004 14:11:14 EDT

But it has been legal to use musical snippets — a note here, a chord there — as long as it wasn't identifiable. Perhaps I'm showing my musical ignorance, here, but ... how can a note or a chord NOT be in the pubic domain?

Comment by Michael Croft on A "Sample" of Bad Law

Thu, 9 Sep 2004 13:37:30 EDT

I have available completely free a licensable A (440) of 14 seconds length. It can be sub-divided or combined into any length needed and it can be pitch shifted to any needed tone. Additionally, the volume may be raised or lowered and this A can be converted to any recording quality or medium desired. The only encumbrance on my license is that my cannot be used in any microsoft of Vanilla Ice product and it cannot be sub-licensed under more restrictive terms.