Copyright issues

[Monk]

I hope this helps to clear up the drumbeat Issue if it wasn't a sample lift.

Kurt Dahl is an Entertainment Lawyer and also a touring musician who has studied this subject.

For the answer to the question read Kurt's article, if you are interested.

Search- Kurt Dahl Can you copyright a drumbeat

Great website if you have questions about music law issues, located in the Recourses tab

Hope this helps
K

Hi Kirk. Not necessarily as I'll explain, but I value your interest and contribution.

It depends which country or legal jurisdiction applies so it's unwise to read generalised and unsubstantiated statements on a web page (there's no reference to legal precedence, for example) and think it's applicable to one's own arguments, discussions or reasoning.

There are significant differences in Copyright Law either side of the Ocean, and this calls for utmost diligence. What might be regarded as legitimate in one country shouldn't be assumed to be legitimate or transferable to another. The site doesn't appear to make this clear, at least not to the casual reader falling on the page, and many readers could be forgiven for making incorrect assumptions and highly risky generalisations by doing so. Before you know it, out pops a myth with consummate ease. People tend to remember myths rather too well.

The case notes for “Metall auf Metall” makes an interesting contrast in Europe; a drum part lift which went to the Supreme Court in Germany. The case was brought by Kraftwerk back in 2008, if I recall correctly. According to the web page that came up, your man stated, and I stand to be corrected, that drum parts can't be copyrighted and makes a bold “no” statement? The German Supreme Court, by way of example, feels differently in so far as this specific case is concerned, but it sets an interesting precedent. There was also a case from a member of the band who was responsible for the clip, who I believe succeeded in making a claim for breach in a lower court?