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law: shall i sample my old keyboard and publish a drumkit?

4 replies [Last post]
Joined: 04/17/2010


I have an old korg trinity, nice engine with lots of pretty drums.
Its out of stoke since about ten years.

I could play the drums and sample them on my multitracker recorder then port them to my pc and build some nice drum sets for hydrogen.

my problem is: is it legal to publish them to hydrogen community? I live in Germany and - in principle - you cannot protect a simple sound sample by copyright there.
But you are all "in business" and know how incalculable this matter uses to be.
Has anyone any ideas?

Thanks and regards!


wolke's picture
Joined: 03/30/2010

imo, the best way to license your sample is the Creative Common license.

and if you publish your samples or sond libraries (h2 drumkit) under this license we have no problems to distribute them from the h2 project page (sorce forge server).

IMO, it's must be save to record your instruments.
why? if i record my fender guitar, fender have absolute no rights on this recordings or samples. so it's must be save to record samples from your old korg trinity.
at least its a intrument like a guitar a piano or what ever.

greetings wolke

Joined: 03/30/2010


But please make sure that you don't use the name "korg" in your drumkit package since it could violate a trademark..

Joined: 04/17/2010

If it was illegal to publish samples from the synth you couldn't use it for recording purposes :)

Joined: 04/17/2010

Hi and thank you for your hints.
I was looking and asking in sampling-oriented blogs for informations around this problem.
So the situation is really ambiguous yet.
Some people say its ok.
But the most people say, a sound is a copyright protected value. In particular: a set of preset sounds is a copyright protected value.
The difference between an acoustic instrument and a configured sample player is the recording and configuration process and this elevates the sound to intellectual property status.

I don?t share this opinion. A simple recording process and configuration of the sample player is imho not sufficient for a protection by copyright. In other case - every representation of every few bytes once touched by human spirit would be protected. For example the dot at the end of this sentence too ;).

But I don?t want to get problems or make problems to the nice hydrogen users here and prefer to contact KORG first.

In any case I will post the result here.