How would it be illegal for personal use?

What about scratching a sample in a dj set at home, whats the difference? or looping in a cdj1000 for that matter

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quote:

Originally posted by ******** but it really "isn't" real infringement..

Yes it is. Copyright covers BOTH the ideas AND the tangible audio that is the result of those ideas.

quote:

Originally posted by flutlicht junky How would it be illegal for personal use?

It isnt, as long as you dont give or play it to anything other than yourself.

Copyright covers all of the following forms of 'copying':

- To reproduce the work in copies (such as on CDs, tapes, DVDs.)
- To prepare derivative works based upon the work.
- To distribute copies of the work to the public by sale or other transfer of ownership, or by rental, lease, or lending.
- To perform the work publicly, such as in a bar or other venue. It also means when a jukebox, radio station, or streaming online internet radio stations or podcasts "perform" your song publicly. This is typically known as a "Performance Right."

Theres two levels to this question really:
Technically: any sampling or creation of derivative works is illegal. I believe it may even be illegal for you to manipulate the sound and listen to it yourself (based on creation of derivative works).

Practically: If you can't tell where it came from OR if it could have some from more than one place its OK. For example, if you write a song using a certain element, then realise its already been done, you can probably get away with it as long as you can find ANOTHER song which shares the element. After all, theres only so many notes to be used.

And anything at all is OK provided you don't try to make profit. You might even be able to push it to sending a track to labels, but make sure you inform them that there's an uncleared sample in there, then you can either talk to them about getting permission (not likely) or try and re create a new sample of similar sound (like in instamatick by Stephen Kroos, which used a pink floyd sample originally.)
The reason most labels will let you get as far as getting it signed without clearance, is that if they want the royalties the track needs release, so its to their economic advantage to allow you to send the track (with sample) to labels, who might sign it and pay the copyright holder royalties to release it.

Of course, I've never really been faced with these problems and don't have much experience, so you should probably talk to a lawyer if your really worried. Copyright is way too complex these days and stifles creativity.

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