Legal question about sampling hardware

Discussion in 'KONTAKT' started by Bastiaan, Sep 10, 2017.

  1. Bastiaan

    Bastiaan New Member

    Messages:
    14
    Hello all!

    (Sorry if there's already a topic on this. If there is, please refer me to it :thumbsup:)

    I have been wondering about the legality of using samples, recorded from a sample based digital synthesizer, in your own instrument.
    There is some talk about that on the interwebs but I still don't have a definite answer. It seems the majority agrees that sampling analog synths is ok, but sampling sample based digital ones isn't. I fail to see the difference since you have to strike a key (a performance in itself) to sample it. The resulting copy would be close but not identical.

    I see a lot of stuff out there in Kontakt and UVI land that's based on hardware synths. Some of them indeed say what it's based on, but rename their instruments to quasi resemble the Original.

    Does anyone have a clue how this works? May I sample a Roland D-50's or Yamaha SY-55's waveforms and use them to build a new Kontakt instrument with a new name?

    Greetings :)!
     
  2. David Das

    David Das Moderator Moderator

    Messages:
    6,609
    The definitive answer to this probably lies in the documentation for each synthesizer you're thinking of sampling. Some of the fine print of some synths may specifically prohibit re-sampling and/or may lay claim to ownership of the sounds present in the synth. Older synths, probably not. (They probably never foresaw this possibility at the time of their creation.) And if the sounds are reasonably generic (e.g. a sine wave) it's clearly not copyright-able. But if it's more distinct and unique, then that could be a different issue...

    A completely separate question would be whether you are allowed to *sell* a sample and label it as a Roland D-50 or Yamaha SY-55. You would have to take that up with Roland and Yamaha if you intend to use their company names.
     
  3. Bastiaan

    Bastiaan New Member

    Messages:
    14
    Thanks for your answer!
    Haven't found a definitive answer yet. Even if it's not mentioned in the documentation of the older synths, it could always be amended by the manufacturer. Time to phone Roland or Yamaha I guess. Experience tells me getting to the correct people is a right pain :(