"borrowing" from other recordings?

I've done that before. Can you copyright a snare hit? :roll:

themidiroom

In terms of copyright laws, there are many, and I couldn't name them all. The situation you'referring to, though, is simple.

A label puts up to record that piece, and owns the copyrights to that *particular recording*. Regardless of songwriting copyrights, publishing rights, etc., they own the "object" that is that specific recording.

Of course, if you're sampling a snare hit, they'll never find it, and you won't feel so bad. There comes a point at which the letter of the law is both unenforceable, and contrary to the spirit of invention.

The world would stop spinning on its axis if every snare hit had to get accounted for.

.nick

ok...so here i am coming from the hiphop side of music.

WE SAMPLE EVERYTHING... or at least most of us. trackmasters (great producers) bring out a track with a new snare/clap combination (r.kelly - "fiesta") ...everybody samples it...

i don't know if anybody got sued for sampling a snare in hiphop but i haven't heard of it either.

the better way is to find out how he did it and do it better...

Sometimes I sample something so I can isolate it and try to duplicate it or better it. Its a great way to find a new sound.

Steve-

That's a really good point.

I can't tell you how many times (especially with drums) that I've tried to duplicate an old loop, and have come out with a)either something totally different that I never would've thought of, or b) something way more natural than I thought would've been possible via programming.

.nick

Ditto. I like trying to play a sampled or MIDI drum beat on real drums -- it often yields very interesting results. Especially when you try to match decay time with cymbal mutes, etc...

There are a number of sample disc that once purchased are royalty free. If your conscience is buggin you, that might be another route to consider…