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

[Almalibrestudios]

You call them on your website "sampled sounds" and after listening to a few, I recommend you consult with an IP attorney in your area.

Again, what I have on my website are sounds that I sampled myself, because they are my own sounds. For example, I grabbed a bunch of marbles and threw them across a glass table, recorded them and added a lot of reverb and echo and that became one of the sounds that I sell. The website has nothing to do with what I am talking about. This is a project in the works which is being built for a different client, not myself.

 

[quincy]

Again, what I have on my website are sounds that I sampled myself, because they are my own sounds. For example, I grabbed a bunch of marbles and threw them across a glass table, recorded them and added a lot of reverb and echo and that became one of the sounds that I sell. The website has nothing to do with what I am talking about. This is a project in the works which is being built for a different client, not myself.

Okay. I recommend you consult with an IP attorney in your area.

 

[justalayman]

Ok, now I think I understand.


Now that i understand as I do, I suggest you speak with an ip attorney. I suspect you will have problems with what you want to do.

 

[Almalibrestudios]

Okay. I recommend you consult with an IP attorney in your area.

An attorney (who is also a musician) helped me build the website. The stuff that I have composed and designed is in the clear.

Ok, now I think I understand.


Now that i understand as I do, I suggest you speak with an ip attorney. I suspect you will have problems with what you want to do.

Thank you both for your time. I will consult someone in my area.

 

[justalayman]

You can recreate single sounds from musical works without infringing.

I was misunderstandat what op’s intent was. It’s not that he is recreating a single sound but a sound style.

 

[quincy]

There are some sounds that potentially could lead to an infringement suit as the sounds are the essence of the musical works.

At any rate, it is best to have whatever is being created that is using sounds from copyrighted works personally reviewed.

And famous names need to be used with care (and permission) to avoid unwanted attorney attention.

 

[FlyingRon]

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

Such a sound itself doesn't have a copyright, but once I RECORD it my, my recording does.

I do a lot of work with high definition musical instrument samples. You just can't go copying them around willy nilly. While the sound the Yamaha piano makes is not protectable, if I digitize the piano notes at different pitches and velocities, then my digitization very much is copyrightable. The distinction between the device making the sound, and the materials used to control that device were decided back in early 20th century copyright law.

 

[quincy]

Such a sound itself doesn't have a copyright, but once I RECORD it my, my recording does.

I do a lot of work with high definition musical instrument samples. You just can't go copying them around willy nilly. While the sound the Yamaha piano makes is not protectable, if I digitize the piano notes at different pitches and velocities, then my digitization very much is copyrightable. The distinction between the device making the sound, and the materials used to control that device were decided back in early 20th century copyright law.

Right.

I think what Almalibrestudios is talking about when speaking of taking sound, though, would not be copyright infringement. It is taking a single sound from one work and combining it with other single sounds from other works to create a combined whole.

That said, I still have questions about what s/he has created for sale on the website. I was not listening to recordings of marbles being tossed but of musical notes being recorded that sounded very much like the works of other artists.

That said, I didn't do much of an analysis and I will trust that the attorney/musician friend of Alma's knew what he was listening to and is correct that it doesn't infringe.

My earlier advice to Alma on seeking a personal review and permission stands.

 

[FlyingRon]

There's a lot of legal cases of people "sampling" (especially in dance/hip hop style) other songs. It hasn't worked out well for the infringer.

 

[PayrollHRGuy]

Ice Ice Baby.

 

[quincy]

There's a lot of legal cases of people "sampling" (especially in dance/hip hop style) other songs. It hasn't worked out well for the infringer.

"Sampling" has a mixed history in the courts since 1972, when sound recordings were first protectable under copyright laws.

A California US District Court in 2002 ruled that the instrumental sampling in "Pass the Mic" required licensing from the holder of the sound recording rights (the sample was 6 seconds in length) but required no licensing from the composer of the music. See: Newton v. Diamond.

Drum sampling was found not to be infringing in a Run DMC case in 1973 (Ruff 'N' Rumble Mgmt. v. Profile Records).

And in 2004, the Sixth Circuit Court of Appeals said that NO amount of sampling was permitted under copyright laws (Bridgeport Music v. Dimension Films).

I believe Marvin Gaye was recently successful against Pharrell Williams and Robin Thicke in a claim of infringement over sound recording rights (but I will have to look again at the case).

Again, though, and despite varying court decisions, it remains smartest and best to acquire permission of the copyright holders before using any portion of their rights-protected works.

 

[quincy]

Here is a link to the 9th Circuit US Court of Appeals decision in the Gaye/Thicke/Williams case:

http://www.ipwatchdog.com/wp-content/uploads/2018/03/Thicke-9th-Circuit.pdf

 

[Almalibrestudios]

Right.

I think what Almalibrestudios is talking about when speaking of taking sound, though, would not be copyright infringement. It is taking a single sound from one work and combining it with other single sounds from other works to create a combined whole.

That said, I still have questions about what s/he has created for sale on the website. I was not listening to recordings of marbles being tossed but of musical notes being recorded that sounded very much like the works of other artists.

That said, I didn't do much of an analysis and I will trust that the attorney/musician friend of Alma's knew what he was listening to and is correct that it doesn't infringe.

My earlier advice to Alma on seeking a personal review and permission stands.

Nope.....I am NOT taking any previous sounds and combining with other sounds. I am creating a NEW sound that is similar to those instrument sounds that you heard in a lot of the music from the 1980s. I cannot understand why we keep going back to the "sampling" part. I am well versed in the sampling laws, I have researched them for years (I have been in the industry of production for over 30 years). My question was merely one of curiosity when it comes to the NAMING of the sounds. Nothing to do with the music.

My website, again, is a compilation of work that was created and performed 100% by myself. There is absolutely no infringement AT ALL...

By the way, if you were listening to the recordings of marbles across a table with compression, echo and reverb on you wouldn't know it. Not meant as an insult but just to give you an idea of what sound designers do.

 

[quincy]

Nope.....I am NOT taking any previous sounds and combining with other sounds. I am creating a NEW sound that is similar to those instrument sounds that you heard in a lot of the music from the 1980s. I cannot understand why we keep going back to the "sampling" part. I am well versed in the sampling laws, I have researched them for years (I have been in the industry of production for over 30 years). My question was merely one of curiosity when it comes to the NAMING of the songs. Nothing to do with the music.

My website, again, is a compilation of work that was created and performed 100% by myself. There is absolutely no infringement AT ALL...

By the way, if you were listening to the recordings of marbles across a table with compression, echo and reverb on you wouldn't know it. Not meant as an insult but just to give you an idea of what I do.

Okay. My recommendations to you remain the same.

Good luck.

 

[Almalibrestudios]

Okay. My recommendations to you remain the same.

Good luck.

Thank you for your time