Now we have autosampler can we have a space to share content?
TheLoudest Member Posts: 110 Advisor
I could see things getting murky if you were sampling a VST that is sample based though. Like session horns or strings. They are essentially intelligently executed sample libraries with mixer and some bus FX control.
yes exactly. I think it is the limit.
apart from that, sampling a virtual "synth" is not much different from sampling a hardware synth, indeed.
it is not fair to sample for example "factory presets" even for hardware, or presets from commercial patch banks etc.
but everything else should not be a problem...it' not even provable that a sample was made with an "user preset" on a particular VST or a particular hardware synth imo..0
D-One Moderator Posts: 1,496 mod
It's not about being a VST, it's about preventing people from giving away "presets" for free or commercially.
Yeah, I think that sort of instrument where there are auto performance features or samples beyond just notes is are the worst offenders, anything from the "Session" series, Abbey Roads (midi patterns), Frank Dukes, Strummed Acoustic, etc... Still, making a multi-sample patch say from Piano Colors sounds all kinds of illegal.
Something like a Reese synth bass patch for example or similar is borderline impossible to tell by ear where it came from.
Yeah, that's quite common, this is where things get tricky... If you start with the innit patch and build on it then it's your patch and OK to share IMO, if it's a preset that was tweaked lines get blurred.
maybe the problem is mainly for the " factory presets" I think...(which belong to their authors or to the manufacturer of the virtual instruments)
Yes, exactly. Factory presets belong to the user too, to a degree, owners are free to use them in any commercial Music, what you're not allowed to do is repackage them to sell/giveaway.1
From what I know of copyright law (and I'm not a lawyer, not giving anyone any particular advice, just suggesting how I think about this for my own use,) you will essentially not be in trouble for sampling and using-in-composition any one note from any instrument, assuming that instrument is generally intended for playback and performance. (Sampling someone's eight-bar sample of Drake that's un-cleared: not as good)
In American terms, an individual instrument note sample is very unlikely to be considered to have enough inherent creativity to be protected by performance rights by the courts, and if you re-sample, the mechanical rights have essentially gone away, and there's generally no synchronization rights involved. However, a whole bank of samples do themselves contain a compilation right -- this is how "a dictionary" can be copyrighted as a compilation, even though any individual word can't be copyrighted.
Note, of course, that there are many kinds of rights involved, and many steps in the chain. For example, was there a usage license on the content that you agreed to? That may give you different or conditional rights.
And it's every step of the chain that matters: The original source, the sample, the performance, someone hearing it and deciding they have a claim to it, them taking you to court, and then the argument in court. The "actual law interpretation" only really matters if you end up in the final step, which you should absolutely not aim to do, because any involvement with the legal system, no matter how innocent you are, is absolute anathema to a normal human being, costing at a minimum house-down-payment money just to defend, and wasting weeks, months, or years of your life being unsure about the future.1
@TheLoudest Heads up, Maschine now has a Sampling Room. 😎 This is where you can share your sounds from hardware synths (and win some prizes along the way).
Check it out https://community.native-instruments.com/discussion/3435/share-your-kits-in-maschine-sampling-room and hope to see you there!1
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