dilemma
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Posted on May 17, 2003 09:02 am
klaus
Member Since: May 17, 2003
Hi everyone, I was recently told that one of my demos was to be featured in a magazine in the UK. They sent me an email asking if any illegal samples have been used, and in one of the tracks i used a reasonably long sample of wind from a bbc sound effect cd. I don't use the sample from the start and I pitch shifted it so it is at quite a higher pitch than the original. Do you think I should tell the magazine I used this sample? I think the bbc holds copyright on it, but surely as its just wind, it would be ok?, or would it? reponses would be greatly appreciated as I don't have much time to sort this out.
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May 17, 2003 09:25 am Well, where did you get the CD? Does the BBC sell it, if so, what are their rules for reuse if it is a collection of samples (which the CD may not be, you don't say)? If you were dealing with a record label I might be more concerned, but a magazine? I dunno, that's a tough call...I guess honesty is, in fact, the best policy, but they asked if you used any illegal samples, so you need to find out if it is illegal?
Also, how about getting a different wind sample? You can click on the PowerFX Sampels button here and register, login and listen to quite a few different ones...at least I am pretty sure they have some wind samples, they have all sorts of environmental sounds.
klausMember
Since: May 17, 2003
May 17, 2003 10:06 am The CD is sold for use in things like pantomimes and plays, I borrowed it from my drama teacher. I can't really use a different samples cos this one fits so well and the cds already been sent off and everything. I've been trying to find out about the copyright restrictions on the cds but I have had no luck so far
Noize2uCzar of MidiAdministrator
Since: Apr 04, 2002
May 17, 2003 10:20 am I would also think they are looking more towards the use of pieces of music sampled from copy writen bands work. I have used many differant sound effects that might have been considered as copy writen, but they sere recorded for use in production, so it is really kinda two sided here. I guess as dB said, maybe try to find out quickly whether it is truly sold and not to be used without permision, or if it is sold to be used for specific purposes. If it is unrecagnizable from the original, you might be OK, but I truly cant say that for sure.
Good Luck,
May 17, 2003 01:34 pm If they sell a CD for use in anything, I am guessing it is royalty free, regard;ess of context...otherwise what the heck are they selling it for?
juesContributor
Since: Dec 30, 2002
May 17, 2003 10:58 pm Yeah - the owner of the CD will be cleared to use the samples in their work.
Given the circumstances I would just keep quiet, no harm done.
jues.
flame...bringing sexy backMember
Since: Jul 01, 2002
May 18, 2003 09:04 am which magazine is it? id be interested in hearing the tune if its up anywhere...
klausMember
Since: May 17, 2003
May 18, 2003 03:13 pm future music, i'm gonna go find the sound effect cd tommorow cos i remember it said something on the back
flame...bringing sexy backMember
Since: Jul 01, 2002
May 19, 2003 07:11 am i like that mag...the samples they give ya free every month are top banana!
klausMember
Since: May 17, 2003
May 19, 2003 07:23 am yeah its a good magazine, pity about the price but the samples are worth it, and the cover CD is the only reason i buy it over "sound on sound". Its always interesting to see their comments on the reader demos. "computer music" is good too
juesContributor
Since: Dec 30, 2002
May 19, 2003 08:06 am SOS all the way...
May 19, 2003 08:25 am y'all are lucky. we don't get those mags over here. only in specialty bookstores and they're always sold out. i'm still looking for a copy of cumputer music for those free VSTis
May 19, 2003 08:27 am Dude, I can get computer music at Barnes and Noble book store...which, I dunno about Chewsville, but it's hard to throw a rock without hitting a Barnes and Noble around here...well, OK, that is an exaggeration, but it's close :-)
May 19, 2003 08:29 am actually i thought Barnes and Noble was a just website :O) we have a Borders in Hagerstown but their magazines are kinda limited to domestic publications.
May 19, 2003 08:34 am No, that would be amazom.com :-P hehehe
Maybe you could go to Barnes and Noble.com and subscribe to the magazine.
glynbMember
Since: Dec 16, 2002
May 19, 2003 10:29 am I have used BBC sound effects in my home recordings in the past, just for amusement, not public performance or for profit.
I think technically you would have to contact the appropriate department in the BBC and obtain permission. from what I recall you can only use these things for theatre performances, dancing etc (village hall drama for example). I think if you sample this copyright work and use it for use in your demo to appear in a commercial magazine you are certainly infringing the BBC copyright.
So, what to do? Either go ahead, and assume its very unlikely anyone will notice, complain or inform the BBC, and even if they did the BBC would probably just send you a nasty letter and you'd say 'sorry my mistake' and that would be the end of it. Or you can go through the legitimate path of trying to get the OK from the copyright owner. If you are not making a profit from your demo and state that clearly then you might be OK.
If you are selling the Demo then you are on very dodgy ground!
May 19, 2003 01:04 pm even selling a demo wouldn't bring much trouble. they might contact you and demand that you stop, but unless they think they're loosing more money than what it would take to take you to court, they won't actually take action. i think it's the magazine who should be worried, the magazine could easily be deemed to be making a profit even from only having the track mass produced and given away as a promotion.
May 19, 2003 06:04 pm so klaus, are you in the band common denominator??? and if so should all these people buy a t shirt, i would go buy a t shirt. (if you dont understand this, then please laugh to youself quietly for a few seconds and press BACK)
klausMember
Since: May 17, 2003
May 31, 2003 09:20 am Hey, I've found out that they aren't using the track with the "illegal wind", they're gonna use a different one, but thanks everyone anyway
flame...bringing sexy backMember
Since: Jul 01, 2002
Jun 01, 2003 08:53 am lol - illegal wind! beer and spicy food gives me that!
Jun 02, 2003 02:34 pm klaus can you tell us which issue the song will be in and what the name of it is so that we can give a listen? i read those magazines all the time(both borders and b/n carry mags from the uk!)
klausMember
Since: May 17, 2003
Jun 03, 2003 11:07 am It will be in the July issue of Future Music which is FM 137, under the name "Colony". If this rings a bell, Its cos I posted it in the composition forum under the name "Ferris", but I forgot my password, and the email me my password thing wouldn't work,
Jun 03, 2003 01:13 pm klaus = Ferris
if you need help with your password email one of the admins :O) -j
