Re: [rumori] What exactly IS an illegal sample? Was Sampling the Wilson family


From: Gregg Gillis (gxg34ATpo.cwru.edu)
Date: Mon Apr 09 2001 - 16:36:16 PDT


Thinking back, I've had very mixed results with mp3.com. My previous band
had a track up that was basically us circuit-bending a toy overtop of the
Jurassic Park soundtrack for 1 minute, and that was permitted on the site.
However, I tried to up load a file with well-processed and very small
quantities of Yo La Tengo and Solex samples a few months ago, and they
caught them. I couldn't believe that. The only other samples in that piece
were some traffic reports I recorded from the radio. Although, I did have
like 4 songs turned down by them prior to that so maybe they were looking
close this time.

-Gregg
http://girltalk5.tripod.com

----- Original Message -----
From: <dserklandATnish.org>
To: <rumoriATdetritus.net>
Sent: Monday, April 09, 2001 11:25 AM
Subject: [rumori] What exactly IS an illegal sample? Was Sampling the Wilson
family

> ">Does mp3.com have people who actually sit and listen to every single
song
> >submitted?"
>
> Not all the way through and not very carefully ;^) Like I said, please
> listen to "Like I Said" at http://www.mp3.com/soundwork - this isn't
> entirely self-effacing promotion... just an example of one song that got
> "through the net." No pun Int.
>
> Is there a legal precedent for fair use regarding the length of a sample?
I
> mean, maybe I can't get away with using a James Brown rhythm loop but what
> if I'm just using a snare or bassdrum?
>
> That brings up another question, could they ban a song if they can't
> identify _where_ or _who_ the sample came from? Could James Brown's
lawyers
> sue because they know it's a James Brown sample but without knowing which
> one? In court they'd have to demonstrate that the sample is a legitimate
> James Brown sample by identifying it correctly, correct?
>
> All my songs on that site use _somebody's_ samples - they just aren't
> recognizable by some people, ie MP3.com staff... gee I hope they aren't
> rumori subscribers... Er, I mean, I'm only bullshitting about using oher
> people's samples... yeah, that's the ticket.
>
> "a single tone and throw in the slightest Hootie and the Blowfish sample
at
> about the hour and five minute mark to see what happens."
>
> Sounds like a project to me. A group effort even....
>
> later,
> dan
>
> PS: Steev, the Anti-Ads are laugh-out-loud funny.
>
>
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