[comp.music] Sampling & Copyrights?

elysian@nstar.rn.com (Brett Simpson) (05/17/91)

Help!  I would appreciate if anyone could tell me what the maximum
allowable time can be sampled from a copyrighted song without 
infringing on the copyright..  I think it's something like 3 Seconds
or 6 Seconds but I
am not real sure?    
If anyone knows please send me a reply.....
Thanks

-Brett

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alves@calvin.usc.edu (William Alves) (05/21/91)

In article <87N321w161w@nstar.rn.com> elysian@nstar.rn.com (Brett Simpson) writes:
>Help!  I would appreciate if anyone could tell me what the maximum
>allowable time can be sampled from a copyrighted song without 
>infringing on the copyright..  I think it's something like 3 Seconds
>or 6 Seconds but I
>am not real sure?    
>If anyone knows please send me a reply.....
>Thanks
>
I believe that the legal answer to this is "none" unless the use of your
sample falls under "fair use." Using the sample in a song of your own
is probably not fair use, though this is the subject of a couple of pending
law suits against rap groups.

In practice, however, the answer is any, as long as it is not recognizable.
I know plenty of synthesists who sample a second or so in the middle of a
piece just to capture a certain exotic sound or chord. This is questionable
ethically, in my opinion.

Composer Carl Stone, who has often used well-known recordings and then
transformed them electronically in various ways, has for a number of years
gotten permission to use all of the sources. He says he does this for
ethical rather than legal reasons, since he considers it extremely unlikely
that anyone would sue him.

Bill Alves