[rumori] recordings of "public domain" works

matt davignon (mattdavignonAThotmail.com)
Fri, 28 Apr 2000 20:06:34 PDT

Hey guys,

I now join the ranks of artists blighted by mp3.com. This is a strange case
though, since all the samples in my 'rejected' song are from works in the
public domain.

After getting the traditional mp3.com "Your song contains illegal samples"
e-mail, I replied with this:

>Dear Travis Hoecker,
>The track "Violet Explosion Pt 2" is made entirely of samples from 3
>different sources:
>1) "Symphonie Fantastique" by Hector Berlioz (1630)
>2) "An Evening's Love" by John Dryden (16th Century)
>3) "Dominique: The Singing Nun's Song" (Traditional French Music)
>As you can see, all of these songs predate copyright by a few >hundred
>years. (All works created before 1923 are considered to be in >Public
>>Matt Davignon

His reply was this:

>You are correct on the public domain issue, however if you took the
> >samples from a current CD or album, those are copyrighted.

Of course, 2 of the albums that I sampled from did show copyright notice,
but after doing some research, I found out that this may actually be true!
Someone who records a sound can get copyright to it, even though he did not
compose the sound himself! Can this apply to really old recordings, where
the composer himself did not own a copyright? If I were to go out and record
some frogs, does that mean that I could claim a copyright on the frog sounds
on my tape? Could I sue someone else for using the tape? Could I sue the

Somebody please correct me!

Also, now would be a good time for me to learn of better mp3 sites than
mp3.com. Would anybody care to educate me?


Matt Davignon
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