Is it illegal to sample a hardware synth's presets?

divonic · Post by **divonic** » Fri Sep 01, 2006 5:33 pm

Sartori wrote: Speaking of which, this is a logical extension of the same principle. What if you use a preset in a song - could the synth maker come along and demand royalties if it becomes a hit?

When you say preset specify if you mean patteren or synth sound (basically the default settings that is used to define a wave)

Can Gibson demand royalities from everone who uses a Gibson Guitar or how about Zaban every time someone uses one of their drums, What about Stealler (the kitchen pot maker) when you sample the sound of you hitting a pot with a hammer? Doubtful and here is why. Would anyone ever play a gibson guitar if it was known that when you made a song with it you would have to pay them again. Their sales of Guitars would dry up. now if they say: hey look, So and so uses Gibson guitars on their hit record it will help sell guitars.

woodie · Post by **woodie** » Fri Sep 01, 2006 8:39 pm

hmmm....then explain this then. this cat has sampled both a VIRUS and Oberheim and selling the product as such.

http://www.nucleus-soundlab.com/products.html

tjwett · Post by **tjwett** » Sat Sep 02, 2006 1:43 am

woodie wrote:hmmm....then explain this then. this cat has sampled both a VIRUS and Oberheim and selling the product as such.

http://www.nucleus-soundlab.com/products.html

but consider that these may not be the stock factory presets. but a synth is an instrument and designing your own unique sounds and sampling those should be fine. it's really the ROMplers like a Triton etc where you'd start to get into trouble. but a purely synthesis-based instrument's presets can be tweaked just enough to make the sound "yours" and still sound exactly like the preset. as in turn the filter knob 1/100th of an inch to the right. well, they might try and fight that but you get the idea. anyway i just had a look at a few manuals online from Roland, Yamaha and Korg and all of them have some sort of "you are not allowed to sample this thing commercially" clause written in.

emef · Post by **emef** » Sat Sep 02, 2006 1:52 am

why would you even want to sell synth presets????? they're nearly always shit... its just fuckin lazy... make some great patches wi efx an that, record those and sell em

philipbarrett · Post by **philipbarrett** » Sat Sep 02, 2006 5:41 am

It would not be illegal in the US to sell samples of synths, just as it's not illegal to sell copies of Ford cylinder heads. However, if you use the manufacturer's name (Korg, Moog, Ford or whatever) without express permission then you would be guilty of trademark infringement and misrepresentation and should expect a visit from the Trade Department.

Now if you got clever with the wording, "Moog Style Sounds" or "Korg Inspired" then you might get away with it.

As for the hit record/stock patch question, the manufacturer could not claim copyright on the sound as they produced a product designed explicitly for the purpose of creating such a recording.

However the RIAA would like to change all this & make it illegal to even listen to your synths (except on headphones with no one else around).

forge · Post by **forge** » Sat Sep 02, 2006 5:51 am

philipbarrett wrote: However the RIAA would like to change all this & make it illegal to even listen to your synths (except on headphones with no one else around).

glu · Post by **glu** » Sat Sep 02, 2006 3:20 pm

Doesn't the NEKO advertise this exact practice (of sampling other synths)?

http://www.openlabs.com/gen2_p2.htm
"All your synths belong to us"