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

[quincy]

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".

I wasn't confused. I was giving an example.

 

[Almalibrestudios]

I wasn't confused. I was giving an example.

It was certainly a good example. =) My original question is about the naming of the actual sounds but I think you answered my question when you stated "You (generally) can use the names of famous artists in a descriptive way (e.g., Madonna's "Like a Virgin")." which is exactly how I am naming the sounds, in a descriptive way.

 

[justalayman]

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.

Op is speaking of written music

 

[quincy]

It was certainly a good example. =) My original question is about the naming of the actual sounds but I think you answered my question when you stated "You (generally) can use the names of famous artists in a descriptive way (e.g., Madonna's "Like a Virgin")." which is exactly how I am naming the sounds, in a descriptive way.

I think you need to have your intended uses of sounds and names personally reviewed.

As a note: Madonna and a work made famous by Madonna are two different things.

 

[justalayman]

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.

I’m speaking of melodies, not simply sounds.

Your original post (that is missing) implies you were speaking of excerpts of songs by famous artists hence your claim of recreating the sounds rather than sampling the actual recording by the artist.

 

[quincy]

The existing works in his/her library are sampled sounds.

 

[Almalibrestudios]

I’m speaking of melodies, not simply sounds.

Your original post (that is missing) implies you were speaking of excerpts of songs by famous artists hence your claim of recreating the sounds rather than sampling the actual recording by the artist.

I can still see my original post. In it I stated the following: "I am building a software synthesizer with a sound library based on famous sounds heard in the 1980's hit songs." Sound Libraries in the sound production scene is what we call actual instrument sounds compiled together into what we call a library. No excerpts of the actual music or melody are used since that would be clear infringement =). Perhaps I should've worded something a bit different.

 

[Almalibrestudios]

The existing works in his/her library are sampled sounds.

The sounds I am using are not sampled at all. They were programmed using the same keyboards that they used at the time. This was done through extensive research and archived interviews with the producers that were listed on those records.

 

[justalayman]

I can still see my original post. In it I stated the following: "I am building a software synthesizer with a sound library based on famous sounds heard in the 1980's hit songs." Sound Libraries in the sound production scene is what we call actual instrument sound compiled together into what we call a library. No excerpts of the actual music or melody are used since that would be clear infringement =). Perhaps I should've worded something a bit different.

Maybe I’m missing something


How do you have sounds from famous songs and it not be a recreation of part or the actual song, ya know, the thing with copyright protections?

 

[Almalibrestudios]

Maybe I’m missing something


How do you have sounds from famous songs and it not be a recreation of part or the actual song, ya know, the thing with copyright protections?

For example, the beginning of Whitney Houston's "The Greatest Love Of All" was performed using a sound called "EPiano 1" from the famous Yamaha DX7. That particular sound became popular and eventually it was heard on the records of Phil Collins, The Cars and basically, every Disney hit during the late 80's. I own an actual Yamaha DX7, so I already own the exact sound used in those records which will now become part of a library of other sounds.

 

[justalayman]

The sounds I am using are not sampled at all. They were programmed using the same keyboards that they used at the time. This was done through extensive research and archived interviews with the producers that were listed on those records.

Sounds, or what appears to be what you are describing as parts of songs, do not have to be sampled to infringe on the copyright. If I pick up my harmonica and play “like a virgin” at the town hall, I have to have a license to do so. It doesn’t matter if the sound is sampled from an actual performance or I perform it myself.


Now, if you’re speaking of (as an example) replicating the tonal quality of tony iommi’s guitar when he played “Iron Man” when he was with Black Sabbath, that is something totally different

 

[quincy]

You can recreate single sounds from musical works without infringing.

 

[Almalibrestudios]

Sounds, or what appears to be what you are describing as parts of songs, do not have to be sampled to infringe on the copyright. If I pick up my harmonica and play “like a virgin” at the town hall, I have to have a license to do so. It doesn’t matter if the sound is sampled from an actual performance or I perform it myself.


Now, if you’re speaking of (as an example) replicating the tonal quality of tony iommi’s guitar when he played “Iron Man” when he was with Black Sabbath, that is something totally different

If you played "Like A Virgin" in a harmonica at your local town hall I would hope someone would record it and send it to me. Sounds interesting. By the way, you would need a license because you are "performing" her song publicly, which isn't what I am talking about. What I am talking about is replicating (I used the term re-creating, then later programming but hey replicating is cool too) the keyboard sounds that were used in those hit records back then, like Iommi's guitar on "Iron Man".

 

[quincy]

The sounds I am using are not sampled at all. They were programmed using the same keyboards that they used at the time. This was done through extensive research and archived interviews with the producers that were listed on those records.

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.

 

[Almalibrestudios]

By the way, there is a VST (virtual synth instrument) in the market right now called the OP-X PRO II which has an 80s library which lists the artist's name (Rush, Prince, Queen) next to the sound so I know it could be done. I just figured it would be easier to ask here than to contact the company that made the instrument with questions.