Re: Sampling-dilemma (no solution offered here).

[Grover Sheffield <gls@mindspring.com>]

I'm not familiar with Negativeland or other sampling artists, but I like
Thomas' thoughts about sampling and using an artist's work without changing
the spirit, groove and sound of that artist representing copyright
infringement. 
                        Grover


.  At 03:45 PM 8/26/98 +0200, you wrote:

>It seems to me that SOUND is the keyword here. Not just the sound of the
instrument but the groove/feel , the spirit. The orginality of your 
playing.
If you sample a couple of bars "Funky Drummer" ,the James Brown tune,  you
are taking the spirit ,groove and sound of that particular drummer and 
using
it to boost your own thing. This is , in my opinion , a copyright
infringement. If you add reverb or chorus to the sample you`re still using
HIS thing. 
>
>But if you alter the sound/feel/groove of the sample? If you chop the beat
up , move the bits around and speed it up to make a jungle groove? Then
you`ve moved away from the drummer`s own creation and used it to make your
own. You have simply used his stuff as
>starting point ,  like a soundsource. Just like you might have used a mdid
channel 10 on a GM machine. Only you`re not using individual drumsounds ,
you`re using individual pieces of drumgrooves.
>
>A "sample-ologist" might be able to trace this "jungle-groove" you made ,
and tell that it`s from "Funky Drummer" and sue your ass off. But this 
means
that the sound itself is copyrighted. That the combination of mic-placement
, the room in the studio , the eq`ing , the outboard effects and the drums
that produced the sound are "owned" by James Brown. If this is true then 
the
drummer who played the beat can never record it again under the same
sircumstances. If he got the same sound he did on Brown`s record he would 
be
stealing from "da man". 
>
>So I think the complex problem of "copyright" should be approached in a
intuitive way. Not with spectral analyses or technical "back tracing"  but
with a musical approach. If the samples are merely building blocks , and 
not
complete structures in the musical piece then I think it`s OK.
>
>Anyways , I see now that the point I was building up to has eluded me. I`m
not really shure what I`m trying to say here...........Just airing my
thoughts on the subject. 
>
>Now if you guys would just pretend to discuss my post for a couple of days
maybe I wouldn`t feel so darn dumb. :-)
>
>Yours , Thomas W
>
>Feel free to check out my web-site:
>http://www.geocities.com/Eureka/Promenade/1628/
>
>
>