Freesound Forums

So I have read through all three pages of post, and its still not to clear to me on some planes. For example, say I wanted to record a sound effect wich includes multiple sounds from an electronic keyboard, such as a rimshot (Badom-Tish), would it be legal to share under CC0 as a creation of my own? Technically its not a single sampled effect from the keyboard, but it is not really a compositon, or "work of art". Where would such works fall legally?

ok

What if you are using a prog like FLSPro and you totally change the sample by ADSR and maybe even combine two samples into one sound. Do you think that's legal?

I think I do not fully understand your desire to please help me explain further.

I'm going to take a stab at the legality discussion with a strong caveat that I'm not a lawyer, but I am an artist and the idea of appropriation in the digital age is something I think about a lot.

I guess it would be good to begin with the intent of copyrighting a synth sample. I would imagine the reason a company would do it is not to prevent individuals from using it in a song or other content, but to prevent someone from taking that exact sound, implementing it in a device or software of their own, and then selling it as a product. Also the idea that distributing the sample might devalue their own product by hurting the demand for the sound that their product offers.

So in the real world, if you used a copyrighted synth sample in your project, no one is going to take any action, because it would be impossible to police, and it's not the intent of the law. So the ethics of recording and uploading a synth sample, and even downloading and using it for the individual is a moot point. Don't worry about it, nobody is going to be knocking on your door

But, what copyright does is reserve the right of the owner to litigate. So even though they might not come after you as an individual for using the sample in a soundtrack or song (because it would be very difficult to isolate and prove the sound is actually theirs, especially if it's been edited and mixed, and even harder to prove you didn't pay for it), it would be much easier for them to come after a website that was hosting the sample in it's pure and unadulterated form, because the website would be a clear and easy target.

So it's not a question of will this directly effect you as an individual, but would it jeopardize the website. So that is why you wouldn't want to upload certain content.

@jhsu8888

For the purpose of this discussion on copyright, there are 2 types of synths:
a) the ones that are based on samples
b) the ones not based on samples

Note that wavetable synths fall in category a) since a wavetable is effectively a one wave-cycle sample.
Synths that are not sample-based have their sound completely generated by electronic means (which could be computer calculations, in the case of virtual synths).

When it comes to using synths (or other instruments of any kind) we only have 2 types of situations:
1) live performances
2) recordings

Since synths are obviously intended for making music, use of any synth in situations 1) and 2) is not a copyright issue.
A recording is, effectively, a sample since it involves copying something and storing it into a medium (tape, CD, computer memory, etc). However, what is being sampled here is the full musical piece, which includes the melody, the performance and possibly additional instruments and musicians.

The samples used in sample-based synths are copyrighted. So, a straight copy would be a copyright violation.
What if I change the sample a little bit? - This still constitutes copyright infringement. Adding filtering or reverb does not add enough 'new original contents' to be considered a new piece.

Then, there is borderline...
What if I change the sample so much that it becomes unrecognizable?
Technically, it is still copyright infringement. But if the sample really has become unrecognizable, no one will know which means no one can sue you.

And a very interesting one:
What if I recreate the sound using my own means?
This is OK. You can possibly get very close, but will not be exactly the same sound. You have created it, not copied it, so is fine. - Make sure you keep records of how you made it, though! In case someone tries to sue.

2 final points
- People only actually sue people when there is money involved. You can sample whatever you want in your music productions if they do not leave your bedroom. The moment you publish them, especially if you are trying to do so commercially, be careful.
- Freesound's limit of liability in case a sound is found to be a copyright infringement is to take down that sound once notified. - The liability always stays with the uploader. You accept those terms when you create a Freesound account.

I ONLY construct my sound pieces (they are not music!) from samples that are online and are copyright free. I think what I'm doing is a modern version of my heroins of sound sculpting Delia Derbyshire, Maddalena Fagandini, and Daphne Oram. -- however I do not consider I have their great talents!
I do not ever use the raw samples but always manipulate them (slice, multitrack, dynamic enhancement, pitch change, widen or narrow the harmonics, wah-wah, distort, etc.) This is a very time consuming method but it is what I like -- it allow total control of the sound I make from the sample file. Often a second of sound, or one note, can take more than a day to make.
Have I ever found a sample I wish to use raw? Well no. To me preset sounds are dead sounding, initially they may sound attractive but often are dead (hollow, empty) for me -- too full, or thin or... whatever. However I use them because I can hear the potential they have once processed (sometime I get that wrong and they have no potential!). Plus I wish a certain sound-stage with the stereo effects I want, not the dog awful ones that others offers.

Yes it take time, currently I have a piece in moderation that is a cut-down sample of a much larger construction I've made using just the free software called Audacity and a huge number of manipulated samples and many mixed down tracks. To date this larger piece is 12 minutes long and about 2 years (intermittently) in the making. I defy anyone to correctly recognise what it was made from, I believe that is impossible!

It will be interesting to see if my work gets out of moderation, or not.

Is what I offer freely, honest and legal? I believe it is.

thanks you

Here is a link that clarifies use of Garage band loops. In summary as says.These are royalty free and can be used however you cannot distribute them as standalone loops individually.
https://support.apple.com/en-us/HT201808

I am not sure about other programs but if it’s being used for personal use I don’t see it issue with it only if it was being used for commercial. If they are clearly marked for personal use and not commercial it should be a non-issue

If someone from the EU is reading this, I'd very much like to know if distributing samples of digital drum machines such as the LinnDrum is legal or not here.

While Freesound disallows uploading them, many websites sell them as part of their sample packs.

I don't have any problems paying for samples, but it if isn't legal, it shouldn't make a difference.

4barrelcarb wrote:
Here is a link that clarifies use of Garage band loops. In summary, as says. These are royalty-free and can be used however you cannot distribute them as standalone loops individually.
https://support.apple.com/en-us/HT201808

I am not sure about other programs but if it’s being used for personal use I don’t see it issue with it only if it was being used for commercial. If they are clearly marked for personal use and not commercial it should be a non-issue

Thanks for the link, that was helpful.

loyolist wrote:
If someone from the EU is reading this, I'd very much like to know if distributing samples of digital drum machines such as the LinnDrum is legal or not here.

While Freesound disallows uploading them, many websites sell them as part of their sample packs.

I don't have any problems paying for samples, but it if isn't legal, it shouldn't make a difference.

Best Service and Masterbits (Big German music companies) distributed many libraries and VST with sampled synths and drum machines for commercial use. So it seems perfectly legal

You can use all the sounds that I created over my life for what you are wantn, and the way you create it convenient.

They can upload my sounds anywhere on the web and have full freedom to do as this precise moment are part of you, I do not believe in copyright and in all these stories unfounded by the system and monopolies in the music industry.

This is part of the egoic mind that is in the process of evolution and that still does not interpret the true meaning of life.

I only know that everything is in the air, in the Universe everything and nothing belongs to anyone and everything belongs to everyone.

Thoughts, sounds, frequencies have no owner.

We only connect to them and make them part of us.

It is of Universal use for all.

Nor will I ask for donations since abundance is available to everyone, you just have to know how to be part of it.

Most of the sounds that I created were sounds of different hardware that went through my hands and were many since I also dedicated myself to the purchase and sale of synthesizers and drum machine .
So I'm counting on an infinite base sounds of different s hardware.

The effects are all field recordings with a Tascam DR 05 recorder and then modified by different distortion boxes.

Anyone who needs any special sound from any synthesizer let me know by contacting this email djsomar2015@yahoo.com.ar

Nor I care about the being mentioned in your projects,no matter how big or small it is, feel free to fully do what you feel do.

Make noise
DJ SoMaR