Can I use the name of a musician whose famous sound I am re-creating as part of a preset name?

[Almalibrestudios]

I am building a software synthesizer with a sound library based on famous sounds heard in the 1980's hit songs. Can I use the name of the celebrity whose sound I am re-creating from scratch to name the preset (for example: SynthBass_Into The Groove_Madonna or Epiano_Take Me Home_Phil Collins)? The sound itself isn't sampled, it is re-created from scratch so I know there isn't any legal trouble there. My question pertains specifically to the naming of the sounds themselves.

 

[quincy]

You should not use the names of famous artists to promote your work (in advertising) or to identify your work in a way that would confuse consumers into thinking you have a connection with the artist when you don't.

You (generally) can use the names of famous artists in a descriptive way (e.g., Madonna's "Like a Virgin").

I question how you recreate the sounds of the music without infringing on the original sound recording or musical composition copyrights.

 

[justalayman]

What makes you believe recreating a sound is any different than recording the original Artist? Depending on what sound you are “recreating”, you may be violating their copyright.

 

[quincy]

I did not see any "legal notice" on your website.

You should have an IP attorney in your area personally look at and listen to the works you currently are marketing as "royalty free," and to go over with you your plans to recreate famous sounds (using famous names).

I think you will find that you need to seek and obtain clearance from the copyright holders or risk what could be costly infringement suits.

 

[Almalibrestudios]

You should not use the names of famous artists to promote your work (in advertising) or to identify your work in a way that would confuse consumers into thinking you have a connection with the artist when you don't.

You (generally) can use the names of famous artists in a descriptive way (e.g., Madonna's "Like a Virgin").

I question how you recreate the sounds of the music without infringing on the original sound recording or musical composition copyrights.

The sounds they used were sounds already available to the public via the synthesizers available at the time. The sounds themselves are not copyrighted.

 

[Almalibrestudios]

What makes you believe recreating a sound is any different than recording the original Artist? Depending on what sound you are “recreating”, you may be violating their copyright.

Re-creating a sound is different than recording the original artist. I know at least that much. Again, my question pertains to the naming of the sound, not the sounds themselves.

 

[Almalibrestudios]

I did not see any "legal notice" on your website.

You should have an IP attorney in your area personally look at and listen to the works you currently are marketing as "royalty free," and to go over with you your plans to recreate famous sounds (using famous names).

I think you will find that you need to seek and obtain clearance from the copyright holders or risk what could be costly infringement suits.

The works I am currently advertising as royalty-free are 100% my own but will take your advice about the clearance from the copyright holders.

 

[quincy]

The works I am currently advertising as royalty-free are 100% my own but will take your advice about the clearance from the copyright holders.

Good. Getting copyright clearance is the best way for you to avoid a lawsuit.

I think a personal review by an IP professional could be smart for your other works, as well, if you have taken sounds from existing works.

And finally, although you didn't ask , I think you might want a "legal notice" section on your website.

It is an attractive website, by the way.

 

[justalayman]

Re-creating a sound is different than recording the original artist. I know at least that much. Again, my question pertains to the naming of the sound, not the sounds themselves.

You know wrong. The sound,melody, tune, whatever you wish to call it is covere by copyrights.

It doesn’t matter if I make the sound or record the original artist making the sound; the copyright is in the sound (tune, melody) itself

 

[justalayman]

The sounds they used were sounds already available to the public via the synthesizers available at the time. The sounds themselves are not copyrighted.

The synth company may have a license to use the sound on their equipment. That doesn’t mean it is legal for to use them in any way you choose. You need to check on the license granted thst allows the synth company to install them on their equipment.

 

[Almalibrestudios]

You know wrong. The sound,melody, tune, whatever you wish to call it is covere by copyrights.

It doesn’t matter if I make the sound or record the original artist making the sound; the copyright is in the sound (tune, melody) itself

If the sound of a Yamaha piano was able to be copyrighted no one would be able to record music on that particular type of Yamaha piano without infringement of some sort. If the sound of a distorted guitar was able to be copyrighted then no one would be able to record using a distortion pedal. Jimi Hendrix music is copyrighted, same with Beatles, etc...but their sounds are not. Coincidence? not a chance. There are certain sounds that have been trademarked (ie, the MGM Lion roar or the Lucasfilm THX sound) but not instrument sounds available to the public.

 

[quincy]

You know wrong. The sound,melody, tune, whatever you wish to call it is covere by copyrights.

It doesn’t matter if I make the sound or record the original artist making the sound; the copyright is in the sound (tune, melody) itself

Well, not ALL sounds have a copyright (think: traffic sounds, water dripping, birds, creaking doors).

It really depends on where the recorded sounds are coming from and how they are recorded. If from a copyrighted work and the sounds can be separated out from the resulting combination work, that can be a problem.

 

[Almalibrestudios]

The synth company may have a license to use the sound on their equipment. That doesn’t mean it is legal for to use them in any way you choose. You need to check on the license granted thst allows the synth company to install them on their equipment.

Yamaha, for example has a copyright on what they call "synth performances" which are small compositions made with their keyboard sounds. But no copyright on individual sounds. Can you imagine trying to sell a keyboard that you cannot record with because of copyright?

 

[quincy]

Yamaha, for example has a copyright on what they call "synth performances" which are small compositions made with their keyboard sounds. But no copyright on individual sounds. Can you imagine trying to sell a keyboard that you cannot record with because of copyright?

Just be sure you get permission from copyright holders to use any sounds taken from their works.

 

[Almalibrestudios]

Well, not ALL sounds have a copyright (think: traffic sounds, water dripping, birds, creaking doors).

It really depends on where the recorded sounds are coming from and how they are recorded. If from a copyrighted work and the sounds can be separated out from the resulting combination work, that can be a problem.

I think there is a bit of confusion here. I am talking about instrument sounds, NOT sound effects. Sound effects can be copyrighted, particularly those used in video games (pac-man, halo, etc) because they are considered "performances".