legality of samples

[mrvegas]

Unfortunately, it is my understanding that Mr. Novus is absolutely right.  Until a few years ago (in the U.S.), there was some confusion in the courts about whether a short sample could be used, provided there was no risk of confusion with the original song.  However, that has been resolved, and the current state of things is that any copying of any part of someone else's song is an infringement if done without permission.  (Yes, even taking one snare hit, for example.)  You are using someone else's performance.  (CONSULT A LAWYER IF YOU HAVE QUESTIONS.  THIS IS NOT LEGAL ADVICE.)

You would think that artists\labels would develop a fairly clear set of standards for sampling, since it generally helps promote the original artist's work.  But right now, sample clearance is a mess.  If you want to be sure, make your own samples, or buy disks of royalty-free samples.  Also, most trackers probably don't care if you rip theirs, but you should check first.  (Also, you never know where they got them either.)  There are a lot of free sample sites out there.

[vedus]

There is one way around the sample mess and that is to process the hell out of the samples. If you're going to sample something make sure it can't be traced back to the original.

Of course, the down side is that you're making something new and not getting the sample you were chasing after in the first place.

[LPChip]

There is one way around the sample mess and that is to process the hell out of the samples. If you're going to sample something make sure it can't be traced back to the original.

Of course, the down side is that you're making something new and not getting the sample you were chasing after in the first place.

Actually, that might get you into trouble too.

If a good lawyer makes a case, he can demand that you show how you made that sample. If you then have to admit that you took a sample to get to this result you'll be in trouble.

This ofcource is not such a problem for say... a snare hit, but for other stuff like vocals etc, its really hard to fake the proof of the origin. And if you're going to try faking the origin, why not directly start with that as a source for your sample.

[Sam_Zen]

Of course Mr. Novus is right strictly spoken. But I like to point also to the fact of a difference in country-culture about things like this. Especially in the US the Law is Big Business. I would call it "sue-happy". People are sued for almost anything. In other countries this is a bit more relaxed.

And of course I would say too : Make your own samples, so no trouble whatsoever.
But when is it 'your own sample' ? If one just copies something external and use it, obviously not.
But, making a good quality sample is not that easy. Extracting a certain sound from a running song on a CD could mean hours of work to get it right.

(I'm not considering the permission issue here, only the technical aspects)

EDIT: And I also want to plead for the freedom of artists to be inspired by other authors and use elements of their work.
This has been common practice for centuries in musical history.