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Highest German Court Says Sampling Is Not Copyright Infringement

edited June 2016 in General App Discussion

I thought this might be interesting ...

Judges say "The hip-hop music style lives by using such sound sequences and would not survive if it were banned."

http://www.reuters.com/article/us-germany-music-sampling-idUSKCN0YM1JQ

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Comments

  • We are the robots, 2 seconds :D

  • The decline of Europe continues.

  • @1P18 said:
    The decline of Europe continues.

    how so?

  • @1P18 said:
    The decline of Europe continues.

    Yer talkin the Band right? Cuz ya, everything after the Final Count Down was downhill. ;)

  • @Nathan said:
    Another reason to vote Leave.

    Sampling is great, a part of the modern music making process, but we have to be fair about it and give credit/ cash where it's due.

    It is a very intelligent ruling, taking both sides into account. For example they suggest if someone makes money with a song that uses sampled elements a share should go to the creator of the original song. They don't suggest unrestricted sampling is OK, but they make a strong case that using samples should not be illegal per se, just like making a cover version of a song is not illegal.

  • @nick said:
    It is a very intelligent ruling, taking both sides into account. For example they suggest if someone makes money with a song that uses sampled elements a share should go to the creator of the original song. They don't suggest unrestricted sampling is OK, but they make a strong case that using samples should not be illegal per se, just like making a cover version of a song is not illegal.

    Except that a cover is generally out of respect and admiration, whereas sampling without consent is plain theft.

  • @1P18 said:
    Except that a cover is generally out of respect and admiration, whereas sampling without consent is plain theft.

    Disagree. Completely.

  • @syrupcore said:

    @1P18 said:
    The decline of Europe continues.

    how so?

    Europe and the West have not produced any sort of leadership with wisdom in decades, and have been living off the fumes of WW2 and success in The Cold War, but that has only amounted to a bit of material gain which has in turn led to various indulgences. It's generally what happens to civilizations before they fall: they get fat and dumb, and let their guard down.

  • @mschenkel.it said:

    @1P18 said:
    Except that a cover is generally out of respect and admiration, whereas sampling without consent is plain theft.

    Disagree. Completely.

    There may be admiration within that theft, but only in the sense that the thief thinks, "I like this other person's work, how can I take it and benefit from it myself."

    I have yet to hear a coherent argument in defense of sampling. Your reply doesn't change that.

  • edited June 2016

    @syrupcore said:

    @1P18 said:
    The decline of Europe continues.

    how so?

    I personally have no idea but there seems to be a drive towards separation, segregation, 'patriotism' and a general notgiveafuckism about others. I presume it springs from some kind of post colonial bitterness. What I'm the most surprised about is that with all the information out there people still don't understand that a common union of nations is safer than being stuck with your imaginary 'special friend'. Global dementia is alive and well.

    What do I know, I'm biased, I'm a migrant. Even worse, an economic migrant!

  • The intention of good copyright laws, in my opinion, should be to both protect existing works of art and their creators AND allow for new art to be created without unnecessary restrictions. A balance between the two is good and necessary.

  • Because human kind is based on it.
    If you use a piano keyboard you are stealing a Bach's concept.
    If you play a electric guitar you are stealing a Fender's project.
    If you use batteries you are stealing a Volta's patent.
    If you use a computer you are stealing Turing's intuitions.
    And so on.
    And those obviously stole some ideas, patents and whatsoever from someone who came before them. And that's how culture grows, otherwise human kind kind would be just as any other animal in the wild. Waiting for plain natural selection to do its job.

  • @mschenkel.it said:
    Because human kind is based on it.
    If you use a piano keyboard you are stealing a Bach's concept.
    If you play a electric guitar you are stealing a Fender's project.
    If you use batteries you are stealing a Volta's patent.
    If you use a computer you are stealing Turing's intuitions.
    And so on.
    And those obviously stole some ideas, patents and whatsoever from someone who came before them. And that's how culture grows, otherwise human kind kind would be just as any other animal in the wild. Waiting for plain natural selection to do its job.

    Yes, your AB photo icon is a stealing of Nintendo Mario Bros.. :D <3

  • I prefer the song 'Carrie', always.

  • edited June 2016

    all they sampled was a few sec with a few drumsounds
    its not like they went off with the melody or lyrics or something

    went on forever because the old man from düsseldorf was greedy

  • edited June 2016

    If someone take part away from yours, you should be proud of your name in history; especially you are already famous.

    That is also why 'goodwill' worth so much $$$ (intangible asset pricing); small eye sight then.

  • Kraftwerk loved this
    this put them in the media for 20 years, lol

  • @supadom said:
    I personally have no idea but there seems to be a drive towards separation, segregation, 'patriotism' and a general notgiveafuckism about others. I presume it springs from some kind of post colonial bitterness. What I'm the most surprised about is that with all the information out there people still don't understand that a common union of nations is safer than being stuck with your imaginary 'special friend'. Global dementia is alive and well.

    What do I know, I'm biased, I'm a migrant. Even worse, an economic migrant!

    You really don't know much I grant you that, your pathetic rant is not different than that of Donald Trump, just the other extreme...

    And not even related to the OP...

  • @soundklinik said:

    @supadom said:
    I personally have no idea but there seems to be a drive towards separation, segregation, 'patriotism' and a general notgiveafuckism about others. I presume it springs from some kind of post colonial bitterness. What I'm the most surprised about is that with all the information out there people still don't understand that a common union of nations is safer than being stuck with your imaginary 'special friend'. Global dementia is alive and well.

    What do I know, I'm biased, I'm a migrant. Even worse, an economic migrant!

    You really don't know much I grant you that, your pathetic rant is not different than that of Donald Trump, just the other extreme...

    And not even related to the OP...

    The op merely opened up the subject to a discussion. The discussion strayed from the word go so you can't really single me out here.

    The only thing that unites are here is our interest in making music with our ipad so the expectations of world views should be set accordingly.

    I'd welcome your enlightening pm message though since you don't want to pollute copyright thread with politics.

  • edited June 2016

    @lala said:

    went on forever because the old man from düsseldorf was greedy

    Not entirely true,artists sampled Kraftwerk before (like Thomas Brinkman) without getting trouble.The difference was: he ASKED them before.That doesn't mean that an idiot like Moses P would have get an"ok"from them but at least he could have give it a try.

  • @Crabman said:

    @lala said:

    went on forever because the old man from düsseldorf was greedy

    Not entirely true,artists sampled Kraftwerk before (like Thomas Brinkman) without getting trouble.The difference was: he ASKED them before.That doesn't mean that an idiot like Moses P would have get an"ok"from them but at least he could have give it a try.

    Courtesy goes a long way.

    If I were sitting with a drink of water and a very thirsty person came up and asked if they could have a drink, I would say, Yeah of course and give it to them. If on the other hand they just came along and helped themselves without asking or acknowledging me, then I would want to beat them :)

  • @supadom: I, for one, liked your comment, made me smile.

  • @1P18 said:

    @nick said:
    It is a very intelligent ruling, taking both sides into account. For example they suggest if someone makes money with a song that uses sampled elements a share should go to the creator of the original song. They don't suggest unrestricted sampling is OK, but they make a strong case that using samples should not be illegal per se, just like making a cover version of a song is not illegal.

    Except that a cover is generally out of respect and admiration, whereas sampling without consent is plain theft.

    I haven't read this article, was it about 'Sampling without consent?

  • @supadom said:

    @syrupcore said:

    @1P18 said:
    The decline of Europe continues.

    how so?

    I personally have no idea but there seems to be a drive towards separation, segregation, 'patriotism' and a general notgiveafuckism about others. I presume it springs from some kind of post colonial bitterness. What I'm the most surprised about is that with all the information out there people still don't understand that a common union of nations is safer than being stuck with your imaginary 'special friend'. Global dementia is alive and well.

    What do I know, I'm biased, I'm a migrant. Even worse, an economic migrant!

    +1 - agree completely

  • @Nathan said:

    @supadom said:
    What do I know, I'm biased, I'm a migrant. Even worse, an economic migrant!

    Neither of which anyone I know has a problem with, making the reasonable assumption that you did this legally. It's the tide of illegals that rankles.

    Your assumption isn't correct but let me leave it at that.

    Looking at reasons for the mass migration from Syria I'm inclined to be on the side of 'refugees welcome'. It definitely poses risks but shouldn't we take risks seeing what a mess we've created for those people?

    I am also worried about terrorism and losing the quality of life me and my kids are enjoying but seeing a country decimated by the so called developed world makes me question my 'secure' stance. Some say that the whole thing has been thought out by IS to disintegrate EU over the migrant crisis. If it's true it wouldnt have been an entirely stupid idea.

  • edited June 2016

    @supadom said:

    @syrupcore said:

    @1P18 said:
    The decline of Europe continues.

    how so?

    I personally have no idea but there seems to be a drive towards separation, segregation, 'patriotism' and a general notgiveafuckism about others. I presume it springs from some kind of post colonial bitterness. What I'm the most surprised about is that with all the information out there people still don't understand that a common union of nations is safer than being stuck with your imaginary 'special friend'. Global dementia is alive and well.

    What do I know, I'm biased, I'm a migrant. Even worse, an economic migrant!

    hate to break it to you brother but I believe there was a healthy serving of notgiveafuckism about others pre post colonialism.

  • Does this mean that it’s okay to use sampled drum beats from a drum machine that is based on samples, now? What about riffs from sequencers such as the Yamaha QY boxes? What about entire demo tunes that come with a keyboard?

  • @kobamoto said:

    @1P18 said:

    @nick said:
    It is a very intelligent ruling, taking both sides into account. For example they suggest if someone makes money with a song that uses sampled elements a share should go to the creator of the original song. They don't suggest unrestricted sampling is OK, but they make a strong case that using samples should not be illegal per se, just like making a cover version of a song is not illegal.

    Except that a cover is generally out of respect and admiration, whereas sampling without consent is plain theft.

    I haven't read this article, was it about 'Sampling without consent?

    of course, otherwise there would be no conflict

  • @kobamoto said:

    @supadom said:

    @syrupcore said:

    @1P18 said:
    The decline of Europe continues.

    how so?

    I personally have no idea but there seems to be a drive towards separation, segregation, 'patriotism' and a general notgiveafuckism about others. I presume it springs from some kind of post colonial bitterness. What I'm the most surprised about is that with all the information out there people still don't understand that a common union of nations is safer than being stuck with your imaginary 'special friend'. Global dementia is alive and well.

    What do I know, I'm biased, I'm a migrant. Even worse, an economic migrant!

    hate to break it to you brother but I believe there was a healthy serving of notgiveafuckism about others pre post colonialism.

    ...which basically means that if others are doing it we're fine with it too and more than happy to get our slice of influence in the region.

  • @High5denied said:

    @1P18 said:
    The decline of Europe continues.

    Yer talkin the Band right? Cuz ya, everything after the Final Count Down was downhill. ;)

    Haha

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