Yesterday, I uploaded on soundcloud a track containing samples from Big Fish Audio - Soul City http://www.bigfishaudio.com/Soul-City. The upload was aborted from site, because of a copyright issue

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message from soundcloud:
Our automatic content protection system has detected that your track may contain the following copyrighted content: "Good Times Just a Taste" by Sweet Kenny owned by WaterFall Records. As a result, your track has been removed from your profile for the time being.
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My question is: royality free samples means that sounds are free copyright until the first musician publish his own song with them?

There’s something unclear here

 

No, but you may have to demonstrate that you used the same sample library as he did. The automatic content protection system just picked up on the sample without the proper context -- you'll have to deal with a live human being (or plural) in order to explain where the sample came from and why you have the equal right to use it. Which you should be able to without much hassle.

In light of this, though, you may want to consider altering the samples you're using, either by changing key, layering it with other samples or processing it to differentiate it from the version that's already been used as part of someone else's song.

 

this is annoying…. really

I will upload into soundcloud every demosong of samplepack in the market . So, from now on, every musician using those samples has to argue with me

 

That probably wont really help, i think that the demo songs are usually copyright even when the samples aren't.

 

Big Fish Audio Samples are not realy Royality free samples

 

Soundcloud don't copyright to you if you upload all the samples, this is dumb. The guy that released first the song with those samples owns now the copyright for them. Yes, the samples WERE ROYALTY FREE, until one release a commercial song, for sale. First come, first serve.

Youtube deleted one of my songs because they said is copyrighted by ME. I had to prove that me is ME, how about that.

 

I guess you are right, but this is ridicolous: why should I pay $ 69.95 for a samplepack that I cant use?

 

As far as I can tell, everytime I read any read me of the product (you name it) it always says that you can use it freely in your own music/projects, ergo: royalty free. But also that you CANNOT do things like reselling the product or things like that related to the product per se.
It's weird what happened to you, but lately they are being a pain in the ass regarding copyrights and such. I would recommend you to get in touch with BFA and tell them about this to see what they have to say. Doesn't matter if you downloaded it, you just say you have it.

 

Gentlemen/ladies? this kind of stuff has been going on for years. So-called "royalty-free" sample packs or looped material "legally" purchased, is fraught with all kinds of mumbo-jumbo, hidden barbwire wording. I've seen this topic appear and reappear in many audio-based forums. Soundcloud is perhaps the worst progenitor of overreaction and downright skittishness. As many have found out, they'll rip your material off their site in less than a heartbeat at the first hint.

 

Why not to do your own samples or just strongly rework/remix/overlay used sample library audio stems. But after all that sounds horribly annoying to be honest. I don't use soundcloud and I'm happy with that.

 

The sample library companies are some of the biggest copyright infringers out of the lot of us! Some of the illegal samples I've heard being used in these packs over the years are ridiculous and I wouldn't touch most of them with a bargepole when it comes to releasing commercially despite what nonsense they list on their T&C's. The reason they get away with it is because it's simply not worth the copyright owners going after such small fry.

I'm a big fan of "recreating" samples and slightly changing chord progressions etc. This avoids both mechanical and performance royalty issues. (Unless of course your track is as successful as someone like Robin Thicke/ Pharrell. Then the lawyer sharks will be waiting to nail you for the next issue on the list... plagiarism!)

 

Last edited: Nov 6, 2015

Agreed 100%! These "loop" and "sample" outfits have been vigorously advocating downright lies for years and years. If you ever find yourself with a commercially successful song and you've used a few of these "royalty free" sounds, don't be surprised if someone stops by your house with a subpoena one fine evening. But, don't worry, these loop and sample scammers will back you up... NOT! You're on your own. However, as has been suggested, use your musical skills to create your own phrases, key changes, etc., to make that catchy riff sound as different from the original as possible. You've had your coats pulled...

 

I don't even like using overly distinguishable sounds or patterns in most of my stuff -- nine times out of ten, I can pick out similar sounds in film scores or commercial tracks, like "Oh, I see we all have Heavyocity Evolve!" That said, it's easy enough to use those sounds in a different way, or a different key, or to match it up with different drum or bass loops to create a unique sound.

 

You know what? My brother's son (8 years old) started taking piano lessons about three years ago. Talk about a music prodigy? The other weekend, I asked him to give me a few [radical] variations of some well-known phrasings and riffs from some recent hit songs of 2015. I can't believe what this kid (at his age) came up with. I mean, really fresh and different. Bottom line? Grab a young, talented "prodigy" and get him/her to experiment with all those catchy, repetitious "vamps" that can, maybe (actually) make a number one hit? Before you know it, you may be sailing on "Easy Street". Just sayin'... (Joking of course). I've been playing the piano for years, but this 'child's' ear for chordal/riff spontaneity is *%@* amazing! Who in the hell needs loops or those damn 'already' owned (possibly dragging your ass to court) samples? Too much local talent out there, my good friends.

 

Last edited: Nov 7, 2015

I had to make an account to say this...It's not necessarily royalty free. Just because they say it is, doesn't mean it is. I know a guy right now that works for Big Fish Audio and the way they get their loops man. MAN! In a nut-shell, they use other people's products and make it loops and call it "Royalty-Free". But it's not. Just because they add a filter, change the pitch, etc etc. Most of their products are outsourced. It's not only a handful of people working for them, it's a shit load of random producers and engineers putting kits together and stamping royalty free on it.

Hope this helps. If you're tired of dealing with that, alter your samples to the point where they are not recognizable...OR! stop using samples.

 

And, there you have it.

 

Technically, in the digital realm, everything is a sample. Even the oscillator waveforms in your synth.

 

I've been having a ball with drum replacer. its a sonar tool like a drumagog, and works amazingly well. I see there are several other products (including live) who are all getting on that band wagon. it takes a few minutes to drop in your replacement hit, and you have to remix your new sound, but it works very well.

im sure all of the daw's have replacement tools. FL has slicex and a powerfull audio editor. sonar has drum replacer and vocalign. im not as familiar with the other brands

 

Last edited: Nov 22, 2015

I created and uploaded a simple 16 bar midi drum wav loop sometime ago and guess what? it was removed for copyright infringement, that says it all really

 

maybe it too closely resembled something owned, bought, or otherwise legally overtaken by sony, apple, google, fb, etc..
or it could have just been too close to a bette midler beat? jkjk