There's a fascinating thread running on the Image-Line forum as well as the Velvetacidchrist forum. In short someone used a loop in Image-Line's Fruity Loops, and someone else is threatening to sue for unauthorized use of the sample.via dirtycircuit on the Image-Line forum:
"I used the loop 'Berlin' in one of my songs on a cd I recently finished only to be contacted by an angry deadmau5 threatening legal action.
WHY ARE THESE AVAILABLE AS LOOPS AND WHY AREN'T THEY CREDITED OR NOTED AS HIS??
I would NOT have used it had I known it was his
Also what am I to do at this point. the cd is on iTunes and Amazon, so i can't just take it off myspace and forget it.
I'm really upset with the FL team over this. Now I look like an a-hole"
You can find more on the velvetacidchrist forum as well.
I decided to download the Fruity Loops demo to see what it stated in regards to use of it's loops. If you go to Help followed by Product Information followed by Samples and Sounds you will see the following at the bottom of the page:
"All samples are royalty-free, which means you can use the samples in your own compositions and songs without paying any further royalties. You are not allowed, however, to resell or redistribute any or all of the samples as a sample pack or sample CD."
The two tracks in contention:
"Berlin" at: http://www.myspace.com/dirtycircuit
The original trac "Faxing Berlin" by Deadmau5:
Deadmau5 - Faxing Berlin
YouTube via Cupradude. Note there are some comments on YouTube as well.
Update: This reminds me of two commercial acts that released two separate songs based on the same loop; IMonster's Daydream In Blue and Beta Band's Squares. Both used "Daydream" or "Day Dream In Blue" by the Belgian band Wallace Collection in 1968. You can read more about the source sample as well as its use by IMonster and Beta Band here on Wikipedia. Both tracks were released around the same time. via the Wikipedia article:
"Coincidentally, at almost exactly the same time as I Monster were releasing Daydream in Blue, The Beta Band were just about to release their single Squares from their 2001 album Hot Shots II. Squares also used the same melody as the original throughout and had the original song's chorus line. On realizing the clash with I Monster, The Beta Band were forced to pull the single and released Broke from the same album instead. Squares, however, may be found on the first soundtrack for HBO's Six Feet Under. Also by coincidence, the two vocalists for these two versions sound quite similar, which led to people thinking that Daydream in Blue might well be the work of The Beta Band or that Squares might be the work of I Monster."
IMonster - Daydream In Blue (censored version)
[unfortunately the uncensored version appears to have been pulled - Update: found it - it's further below]
Beta Band - Squares
Update: Found the uncensored version of IMonster's Daydream in blue. WARNING: this is one is definitely NOT SAFE FOR WORK.
Well, having heard the song, I can see why deadmau5 is so overreachingly protective of "his loop"... given that the song is basically ONLY 4 bars, repeated, with occasional fader automation...
ReplyDeleteBut I remember when, once upon a time, 4 bars was a legal maximum for a sample, and you had to write - ooh, at least 16 or 32 for it to constitute a song... maybe I'm just an old fart though.
Whatever. Deadmau5 can have credit for his (HIS, dammit!) 4 bars. That seems fair. But if there are more than 4 bars of original material in the song he's whining about, then he should probably accept that he's making himself look like a thorough-going arsehole with severe entitlement issues. Dood3(mau5), you're just not that creative if your inspiration runs aground before the 5th bar...
Are we sure that Deadmau5 didn't get the loop from the Fruity Loops library as well?
ReplyDeleteThe notion that 'four bars or less' is legal to sample is apocryphal.
ReplyDeleteThe big question is whether he took it from FL for "his" track. Someone tried to harras me in a similar way about a motive in the RM-1X. You can't claim legal rights about this kind of stuff in a product sold. Everyone who owns 1 is entitled to use it. Its like preset sounds.
ReplyDeleteIs deadmau5 really unaware that his loop is in fl? I find that hard to believe. Maybe he was in a drug haze when he agreed to it.
ReplyDeleteA simple letter from dirtycircuit's lawyer to deadmau5 will make this problem go away. Yes, dc will have to pay a lawyer, but it's money well spent in this case. Dirtycircuit is in no way liable in this situation, at least with the facts as presented in this post.
It's not just the loop that's the same, but the i-v sus-v chord sequence in the strings. All that DC did was to change the string sound and add the pedal tone.
ReplyDeletesound arguments aside, it is a well put together track in that style. i like.
ReplyDeleteseriously, DC, you've never heard that track? It's a HUGE anthem..!
ReplyDeleteI had never heard the track until Matrixsynth posted about it. Then again, my musical diet is pretty much devoid of anthems not made by Dragonforce.
ReplyDeleteThis comment has been removed by the author.
ReplyDeleteWell deadmau5 can screw himself
ReplyDeleteits out in software for users to make music with.
THE END
if he "made" the loop why the hell did he just give it to FL.. ?
Get a drum machine & synths and use that. :)
Interesting...
ReplyDelete"All samples are royalty-free, which means you can use the samples in your own compositions and songs without paying any further royalties. You are not allowed, however, to resell or redistribute any or all of the samples as a sample pack or sample CD."
I hope the folks at Fruity Loops have a big spoon to hang on to as it looks like they may be the ones drowning in a big bowl of milk soon...
This comment has been removed by the author.
ReplyDeletetry 2...!
ReplyDeletestretta said:
"The notion that 'four bars or less' is legal to sample is apocryphal."
I was under the impression that it was a gentleman's agreement within the industry that lasted right up until some fool took it to the Supreme Court. Who turned around and said "nah, sampling always requires clearance". The point I was making was that I remember the days before that ruling...
Oh well, never mind. If one has to explain rhetorical devices, it's probably fair to assume they didn't work.
"Then again, my musical diet is pretty much devoid of anthems not made by Dragonforce."
ReplyDeleteI think that's sad. Don't you think that's sad?
The underlying problem is that this is an 8 minute track that is held together by a FREE BUILT IN DRUM LOOP. Get some creativity.
ReplyDeleteIt sounds like one kick and a cowbell to me. I think Will Ferrell may have copied it too.
ReplyDelete