Re: [rumori] copyright question

From: Jon Leidecker (
Date: Mon Jul 09 2001 - 20:19:34 PDT

well california driving law says that at an intersection, if you wave
another car into traffic signalling that it's safe, and they get into an
accident, it is your fault for waving them ahead. However I don't think
there's a parallel in copyright law yet.

I've heard many interesting stories about this, and unfortunately they're
all sensitive out-of-court type cases I shouldn't go posting to the
internet. Basically, it happens a LOT more than you'd think: artists
sampling things on certain records, negotiating for the rights, and THEN
learned that in fact it'd been someone ELSE who'd been sampled. It can be
quite embarrassing for those who'd been trying to be quiet about their
pooching when they are REsampled, because as tricky as two teams of lawyers
are, once THREE sets of lawyers are involved all trying to make a profit on
'their' property, life truly becomes hell and some amazing work can go down
the toilet simply because the labels can't secure licensing to release it.

I certainly sympathize with wanting to keep uncleared samples a quiet issue
in some cases; dimitri phthalo, the person putting out my live album, was
very unhappy when he received packaging featuring a detailed list of all
the uncleared samples. it's his financial risk, so I obscured the
'meaning' of the list somewhat and moved the sample list to my website. so
I'm a sell out. but hopefully it's clear that I'm recycling extant
materials anyway.

I certainly don't see the harm in reiterating the obvious somewhere in your
invitation, and informing the user that the mp3's often utilize completely
uncleared samples.


>Here's an interesting question:
>On my label's website, we have an MP3 Gallery. It contains songs
>that contain samples. At the top of the Gallery, I have written the
> "Here you will find a wide selection
>of Ovenguard and
> Omnimedia clips in .mp3 format. We
>hope you will enjoy
> listening to them and possibly even be
>inspired to use them as
> the basis for your own music. They are
>entirely free of
> copyright and may be used in any
>manner you see fit."
>If someone sampled a part of one of the songs that contained a sample
>for which I have paid nothing and gotten no permission, I could do
>nothing - I've given that right away above. Nor would I want to do
>anything. However, if that person were then sued for using the
>sample (let's suppose that other person's song became widely
>distributed and found it's way to the offices of the originator of
>the sampled sound)...what difference would it make that I had written
>that little sentence?
>erick gallun
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