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Re: [Swami-devel] Re: [fluid-dev] Copyright Issues was: Re: [ANN] Beta t
Re: [Swami-devel] Re: [fluid-dev] Copyright Issues was: Re: [ANN] Beta test of the Resonance Instrument Database
Wed, 31 Aug 2005 23:09:09 +0200
On Aug 31, 2005, at 7:57 PM, Pieter Penninckx wrote:
Now, if I were to create my own patch (as opposed to using a
factory patch) on any recent synth (a Nord Lead or Korg OASYS,
sample and package that using SWAMI, would that be legal to
I agree that this is a grey area.
It is notreally: you may not distribute samples from synthesizers
Sorry, not entirely true. There are many samplers (both hardware and
software) on the market presently that contain samples from other
synths and keyboards in general (Hammond Organ, Fender Rhodes,
Wurlitzer, ARP, Oberheim, Moog…just to name a few)
I think that depends on how much of the patch is contains artwork
by the manufacturer. If enough is user created (for instance, when you
recorded it yourself with a microphone into your synth), I think
you can distribute a recording of your hardware synth playing what you
created (although it's rediculous of course).
No, you can initialize a synth and create a patch of your own from
scratch. I am talking soundware programming as opposed to sample and
There was a synth in which you could draw sounds with a light pen,
that is allready less user-created stuff. When you only change the
attack and delay,
there's manufacturar created stuff on which you infrige copyright.
Don't ask me where exactely a judge would draw the line, but only
changing attack and delay etc. is not enough.
Microsoft's eula gives you the right to distribute documents that
include photographs, clip art, ... see
<http://office.microsoft.com/en-us/tou.aspx> article 1.2. If that
article wouldn't be there, Microsoft could sue you if you distribute
a book that contained some clipart from word. But please read the
first point of article 1.2: you may not distribute the clips photo's
etc. as such or in a collection.
That is totally NOT what I am talking about. Ask JK Rowling.
Also Adobe Photoshop's license <http://www.adobe.com/products/eulas/
an article about "Stock Files" (images, photographs, ... artistic
works): you may display, modify, ... them (if you have a licence,
of course), but you may not distribute them in a product of which
they form the primary value.
The same is true for synthesizers: you may distribute music made
with it, but not the samples as such or in a collection.
The problem arises with tools that have an artistic creation in
them. For instance, imagine a stamp that is being sold, that's a
it also contains an artistic work.
Nit-picking. I do not see the analogy here. Is the stamp a tool for
creating an artistic work? Again, I am NOT talking about samples here.
Hope this clears things up.
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