Emu XL-7 & MP-7 User's Group

Aw man, I didn't want to step back into this discussion, but here I go
again...

Ripping the samples out one by one, repackaging them, and
redistributing them is NOT customary use, and is NOT LEGAL.  Period.

Remember here that the copyrights are on the SAMPLES, not the synthesis
engine.  You're getting confused between the synthesizer and the source
material.  Under your argument, you'd be able to sample your CD player
playing the newest CD, burn copies, and redistribute them.  Obviously
illegal.  "But I'm just sampling my CD player, not the music" you cry. 
Right.  Try that with the RIAA.

The reason you can sample a Moog synth and resell it is because you're
not sampling source material.  You are creating something, then
capturing it.  Just the same, you couldn't copy the factory presets of
that synth and redistribute them on a floppy.  Source material vs.
final product.

There's nothing stopping you from creating new sounds, sampling them,
and reselling them.  You cannot, however, sell the original samples. 
Of course, this is where the fine line is.  At what point is it "new
material"?  Is putting an exciter on the raw samples enough?  Probably
not.  Is running it through the synthesis engine, applying effects,
etc?  Probably.

-Aaron

--- allenscheer <dansgold@...> wrote:
> Well, let's be clear here ... I said it was a *worst case" scenario. 
> What would call it when an enterprise sells a product, and then 
> forbids its customers to use it in a customary manner, threatening 
> legal action absent compliance?
> 
> Among other things, the Command Stations are all synthesizers ... 
> capable of producing all kinds of different sounds. That's what they 
> are MADE for. There are all manner of companies creating sampled 
> sounds from various synthesizers and then SELLING the resulting 
> material.

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