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| quote: | Originally posted by arskinetica
Is there any leeway in US copyright law for sampling?
I know there is some for written music, since you can only do so much with the western music tradition, especially with EDM since it's well, EDM.
Things can end up sounding similar due to the unconscious influence of material the composer/producer has listened to or admires, and there are limits to what people can do without going insane or using bizarre tuning systems. |
no is the simple answer, when it comes to melodies, especially whe it comes to sampling, as you're just copying the audio, both in terms of the recording, and the melody.
drums, basslines (most, not all) and perc sounds are not subject to copyright so you can lift them and use them.
Melodies can be similar but not the same and I believe musicologists use a 5 note repetition as their minimum standard for an original work.
There have been cases where basslines can be subject copyright infringement, such as the "dub be good to me" bassline which got beats international sued by the Clash, as the bassline was said to contain a distinct melodic content, and no other previous providence could be established so the clash won the majority of the publishing.
Last edited by DJ RANN on Apr-06-2011 at 21:24
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