Thread: using sample segments and the legalities

Does anyone here know what the laws are regarding using a sample segment of other artists? For instance, I recently took a short clipping of a vocal from a a Puccini opera, applied a couple effects to it and incorporated it into my own electronica piece.

A friend said he believed that would not be considered plagiarism because the original work has been changed enough times, but I want to make sure.

Like your friend said, as long as it is processed beyond recognition you should be fine. Also, if you piece isn't for sale or public broadcast it doesn't matter. Who will know? And even then the offended party would have to hear your work and file a complaint. I don't think they're going to go after someone unless that someone is making a profit off the sampled artist's work.

Originally Posted by JonG

Like your friend said, as long as it is processed beyond recognition you should be fine. Also, if you piece isn't for sale or public broadcast it doesn't matter. Who will know? And even then the offended party would have to hear your work and file a complaint. I don't think they're going to go after someone unless that someone is making a profit off the sampled artist's work.

There is a strong possibility that I will at some point try to sell the music I mentioned, and I don't know if I would say processed beyond recognition. But it's just a segment.. probably less than ten seconds long.

It might not really be enough of a sample for anyone to quibble about, but you never know.

If someone can recognize the original piece then you might run into trouble. Why don't you just write your own piece? No comebacks that way.

Originally Posted by Jerome

If someone can recognize the original piece then you might run into trouble. Why don't you just write your own piece? No comebacks that way.

i agree....its recently come back to haunt Men At Work with their hit "down under" after almost 30yrs since they released it.

The song would have to be very popular to get caught i think.

Originally Posted by Zuzz

The song would have to be very popular to get caught i think.

Incorrect! - If the original composer has his work copright-protected and can prove that the melody structure was orginally his idea the con man is going to be in trouble. Copyright does not only cover popular works - it covers all original material. And these days, because of digital time/date stamps created automatically in DAW's it's even easier to prove you have original ownership. The information is even encoded in the original files in some cases. Popularity does not come into it at all. Be careful.

Originally Posted by Jerome

Incorrect! - If the original composer has his work copright-protected and can prove that the melody structure was orginally his idea the con man is going to be in trouble. Copyright does not only cover popular works - it covers all original material. And these days, because of digital time/date stamps created automatically in DAW's it's even easier to prove you have original ownership. The information is even encoded in the original files in some cases. Popularity does not come into it at all. Be careful.

What's DAW?

Digital Audio Workstation.