using samples -copyright problems?

[Susanstunes]

Hi everyone!
So, using samples in original music we create is NOT a problem for copyright infringement, right? I'm thinking mainly about some loops and wondering, is this a gray area or is it black and white? I.E., I use a cool guitar loop from my DAW manufacturer in a instrumental cue - is that cool or am I setting myself up for a lawsuit down the road? (assuming it gets used commercially).
Thanks for any feedback and knowledge on this issue.

Susan Hillman
http://www.taxi.com/susanhillman
http://www.soundcloud.com/susanhillman

[ochaim]

Hey Susan,

Whether you can use samples for commercial uses depends on the terms of use license that usually comes with sample products. The term "royalty free" frequently indicates that samples can be used for commercial purposes but there are sometimes specific clauses in the license that will restrict their use. "Not for music libraries" is a frequent one I've run into where there is a potential problem because I pretty much only write for music libraries. Another common term is the sample has to be used in a musical context, ie there has to be other music accompanying it.

As far as the loops that come stock in your daw, they are likely royalty free but you'd have to check the terms of use to see what the restrictions are, if any.

Hope that helps!

[mojobone]

Totally depends on where you source the samples; if you bought a physical product with a UPC bar code, you're likely good to go, but if you buy beats from 'some dude' on the internet, well...there could be problems. The vast majority of construction-kit producers are ethical, but you still have a problem if you rely too much on a single kit, cuz you'll sound just like the guy that made the kit, who might have a recognizable style that's...not yours. And then there are the sample sets that have been used so much, people hear them and think, "Man, that sounds played". (any Smoker's Delight II fans in the house?) OTOH, these kits can also be a great shortcut when learning a new genre, and certain styles require the use of looped samples and one-shots.

The only big player in the space that can be a little hinky sometimes is Big Fish Audio; some, not all of their products have special requirements for use in commercial productions, so you have to read the license agreement to be reasonably certain. The only way to be absolutely certain is to roll your own loops which I find to be more creative and fun, but maybe that's just me.

[Len911]

What everyone else said!

The bottom line is that sample sellers do not want anyone repackaging the samples and selling them. If no one could use their samples in a song, no one would buy their product because it defeats the purpose of the intended product's use. I would be shocked if anyone could name a lawsuit involving someone who used samples or loops from such sellers in a song, I'm not talking about "sampled songs" or portions of copyrighted songs, there have been plenty of those.

Big Fish Audio seems to get a lot of flack for some reason. http://www.bigfishaudio.com/about.html
Here's the license agreement: http://www.bigfishaudio.com/faqs.html#anchor1
The confusion seems to be about whether you can use them in songs that go into music libraries, the answer is yes, except for the demo mix or song. It makes sense because the demo mix would be someone else's creation.

[ochaim]

Big Fish Audio seems to get a lot of flack for some reason. http://www.bigfishaudio.com/about.html
Here's the license agreement: http://www.bigfishaudio.com/faqs.html#anchor1
The confusion seems to be about whether you can use them in songs that go into music libraries, the answer is yes, except for the demo mix or song. It makes sense because the demo mix would be someone else's creation.

That's true, Len. But this is a relatively recent change to the license to their "Big Fish" libraries. Until this change you needed a special use license that allowed use in music libraries for most of their Big Fish branded products.

One company that still has this "no music library" term is producerloops in some of their offerings. The license details are usually readily available but if they arent, you can ask for clarification.

[Susanstunes]

I can see this is still somewhat gray.... sure do appreciate the feedback! My DAW says the loops are ok....but still makes me a little unnerved! Oh well, this is a funny business we all know... Susan

[markhimley]

I would look into getting a membership with Splice! All of the samples you download from Splice are royalty-free, and their is no restriction against using them in library works. I pay like 5-10 bucks per month and get 300 credits for downloading samples. They have more samples than you could ever need, in just about every style imaginable

In the user agreement, this is all that it says for restrictions:

e. License Restrictions. You may not (i) use the Samples in isolation as sound effects or as loops, (ii) use Samples in a manner competitive to Company or its licensors, or (iii), sell, loan, share, lend, broadcast, rent, lease, assign, distribute, or transfer all of the Samples to a third party except as incorporated into a derivative music production.

[Len911]

Big Fish Audio seems to get a lot of flack for some reason. http://www.bigfishaudio.com/about.html
Here's the license agreement: http://www.bigfishaudio.com/faqs.html#anchor1
The confusion seems to be about whether you can use them in songs that go into music libraries, the answer is yes, except for the demo mix or song. It makes sense because the demo mix would be someone else's creation.

That's true, Len. But this is a relatively recent change to the license to their "Big Fish" libraries. Until this change you needed a special use license that allowed use in music libraries for most of their Big Fish branded products.

One company that still has this "no music library" term is producerloops in some of their offerings. The license details are usually readily available but if they arent, you can ask for clarification.

I stand corrected Owen!
It would be curious if it was because they sued and lost.

[ochaim]

Len,

With the rise in popularity of licensing, my guess is they're making it more attractive to customers by relaxing the terms. Even some products that didnt allow for use in music libraries under any circumstances now allow it. I have a couple of those libraries I bought without realizing. I have a special use license for them now only because I asked for it for my records.