but it gets simpler than that. it's basic audio theory. a sample can have 
unique qualities (as it can be chopped, reversed, etc -- you have the ability 
to deconstruct and alter envelopes that is impossible with "real" playing -- 
it's a recording) that can not be performed by any other instrument. it's not 
necessarily an imitation or substitution for the real playing being sampled, 
the sample is the thing itself. thus a sampler is an instrument in it's own 
right. doesn't really matter if you can recognize a sample or not. i think it 
was more appropriate when courts decided how (in)appropraitely one work borrows 
directly from another via samples. art is subjective afterall.

-----Original Message-----
From: [EMAIL PROTECTED]
Sent: Sep 9, 2004 12:53 PM
To: "J.T." <[EMAIL PROTECTED]>
Cc: [EMAIL PROTECTED], Kent Williams <[EMAIL PROTECTED]>, 
        do id <[EMAIL PROTECTED]>, list 313 <[email protected]>
Subject: Re: (313) All Uncleared Sampling Ruled Illegal

well said, J.T.  I knew somebody else on the list would voice my opinion before 
I got a chance.  

The granularity in today's music production software such as Ableton and 
Cubase, coupled with both software and outboard hardware effects and 
processing, can easily alter a short sample of a song far beyond the point of 
recognition to the producer of the original work.  In my opinion it's really no 
different than using a synthesizer as a sound creation source -- instead of 
starting with a sound from a produced work, you're using an oscillator or a 
preset designed by a Korg or Waldorf engineer as a starting point.  Producers 
-- whether using samples as a foundation or not -- are limited only by their 
imagination and production skills.  I suspect most good producers use a 
combination of these approaches - and I would bet that all of us have music in 
our collections that is "sample-based" but disguised so well we're not even 
aware of it, even if we are familiar with the original work.

- jobot


----- Original Message -----
From: "J.T." <[EMAIL PROTECTED]>
Date: Thursday, September 9, 2004 2:45 am
Subject: Re: (313) All Uncleared Sampling Ruled Illegal

> this is like a right-wing fundamentalist approach to music, 
> wicked...unique mix of hatred, bitterness, ignorance and misplaced 
> optimism....exquisitely stupid even. lovely! 
> build your own instruments, invent your own musical notation, and 
> come up with a unqiuely tuned scale while you're at it! stop 
> taking the easy route and using others' creativity! then we will 
> be great and successful artists hurrah hurrah!! 
> 
> -----Original Message-----
> From: [EMAIL PROTECTED]
> Sent: Sep 9, 2004 3:02 AM
> To: Kent Williams <[EMAIL PROTECTED]>, do id 
> <[EMAIL PROTECTED]>, 
>       list 313 <[email protected]>
> Subject: Re: (313) All Uncleared Sampling Ruled Illegal
> 
> Learn hoq to make your own music or pay the guy that went thru all 
> the trouble to get it out there.  Sampling is stealing.  It's not 
> paying tribute, or showing respect.  Maybe if you were sampling 
> and giving away your music, but you are not.  You are struggling 
> just like the guy you sampled from, but you are taking the easy 
> route. The only reason you hate this ruling so much is that now 
> you realize your own creative level is almost non existent, and 
> youre screwed. I guess the market will just have to go back to 
> being less saturated, and the few actually striving to make 
> something new will be able to actually pay their rent, on time.
> Steve
> 
> 


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