The issue was not sampling, the issue was reprogramming the hook(which was
the bassline and drums) and using it as the basis of another song. According
to the old interpretation, that was not actionable. Drums and Bass were not
copyrighted, just melody and lyrics.
If you record yourself playing a Beatles song on the guitar, you are not
sampling the Beatles.
mt
From: "Christian Bloch" <[EMAIL PROTECTED]>
To: "313" <313@hyperreal.org>
Subject: Re: [313] FWD: Letter from Daniel Bell
Date: Thu, 11 Apr 2002 16:04:08 +0200
even though maybe you can't sew for stealing intellectual property when it
comes to drums and baselines, you can still sew for the mechanical
rights.... it's a recording someone else did, you stole it... if you
program
the excact same drum pattern, nobody can do anything, but if you sample it
from somebody else's recording.... well you're basically a theif!
Christian Bloch
http://mp3.com/bloch
http://www.mp313.com/christianblochmp313.htm
Tresor/LL/Deep Night Essentials/Simple Muzik/Funque
Droppings/Set.Go/Restructured
----- Original Message -----
From: "Mike Taylor" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Cc: <313@hyperreal.org>
Sent: Thursday, April 11, 2002 3:38 PM
Subject: Re: [313] FWD: Letter from Daniel Bell
> Hello,
>
> It was this way. It used to be that the bassline and drum pattern were
not
> considered part of the song. The melody and lyrics were the only thing
> recognized under the law. I have a side thread going with Phred on this,
so
> I will sum them both up together. There was a group whose name escapes
me
> that completely stole the drum patterns and bassline from Pump Up The
Volume
> by M/A/R/R/S and 4AD took them to court. The arguement in court was
whether
> or not the bassline constituted a melody. If it did, then 4AD could take
> legal recourse, and if not, then they were out of luck.
>
> Again with Ice Ice Baby, that track was pretty late in the game for
legal
> challenges like that. Pump Up The Volume was out in 87, and Ice Ice Baby
was
> out in 89-90 right?
>
> Take care,
> mt
>
>
> >From: Eric Scuccimarra <[EMAIL PROTECTED]>
> >To: Mike Brown <[EMAIL PROTECTED]>, 313@hyperreal.org
> >Subject: Re: [313] FWD: Letter from Daniel Bell
> >Date: Thu, 11 Apr 2002 09:06:26 -0400
> >
> >
> >>I remember seeing an interview with (I think) Bootsy Collins, who
remarked
> >>that (at least it used to be) you couldn't sue someone over a drum
pattern
> >>or a bass line. Melodies and lyrics only. So if there's not much more
to
a
> >>track than beats and bass, you put it out at your own risk. "That's
not
a
> >>song". That is, outside of electronic music, the studio is still
> >>considered window dressing. I just doubt there's much precedent in the
law
> >>for what would be considered engineering techniques, like the EQing of
a
> >>vocal sample.
> >
> >Regarding the bass line issue - what about "Ice Ice Baby" and "Under
> >Pressure?"
> >
> >That was a law suit over a bassline and a successful one if I remember
> >correctly. The former track shared nothing in common with the latter
except
> >for an obviously ripped off bassline but there was still a lawsuit over
it.
> >
> >
> >---------------------------------------------------------------------
> >To unsubscribe, e-mail: [EMAIL PROTECTED]
> >For additional commands, e-mail: [EMAIL PROTECTED]
> >
>
>
>
>
> _________________________________________________________________
> Get your FREE download of MSN Explorer at
http://explorer.msn.com/intl.asp.
>
>
> ---------------------------------------------------------------------
> To unsubscribe, e-mail: [EMAIL PROTECTED]
> For additional commands, e-mail: [EMAIL PROTECTED]
>
---------------------------------------------------------------------
To unsubscribe, e-mail: [EMAIL PROTECTED]
For additional commands, e-mail: [EMAIL PROTECTED]
_________________________________________________________________
Send and receive Hotmail on your mobile device: http://mobile.msn.com
---------------------------------------------------------------------
To unsubscribe, e-mail: [EMAIL PROTECTED]
For additional commands, e-mail: [EMAIL PROTECTED]
