Then every DAW or device that "allows" loading any sound into samplers and audio tracks, including the use of microphones, is guilty of what you're saying. The laws on this are well-defined already. There were many suits against MPC musicians and turntablists when it first evolved. Courts have found consistently that if a musician uses samples even of well-known, still-profitable music, but adds any significant original musical ideas, they are credited with at least co-authorship rights, and when there is a grey area, percentages are decided by courts and judges. Samplers are not the culprit. Unscrupulous people will steal stuff, but they get caught and prosecuted. When some people said Public Enemy stole everything, they were just trashing a group of serious artists who were part of inventing a new music.
Bro you're really wrong on this, if you have a song with uncleared samples in it, and you sell the track to McDonalds in a commercial, the sampled artist can sue both you and McDonalds for using their music in the track. The recording artist and the songwriters retain ownership of their performances and compositions. You can't just go sampling artists and sell the derivative work without clearing those samples, and paying whatever license fee is asked for.
The court cases you mention, actually have slammed people who've used material without permission.
The Verve for example, lost 100% of the composition rights to "Bittersweet symphony" for the use of a Rolling Stones strings hook, even though they rerecorded it!
All they were left with were the lyrics, which, meant they lost 50% of the publishing of the song.
You need to tread very very carefully if you sample another artist, especially if you want to be able to license the song for any commercials or film/tv licensing. You will get taken to the cleaners.
Yorick, you're just repeating what I'm saying, that you can do it, and if you infringe on someone else, they can sue you. All the law is clear. Those laws have not changed with Discover in the slightest. You still own what you create and are entitled to compensation or revenue, and a court has precedence cases to help determine the value.
Here is the agreement you have agreed to for music of yours you shared to Discover:
3. SHARING SERVICES – LICENSE
If you don’t use the sharing service, then you don’t need to read this section as it only applies to its use.
THIS SECTION ONLY APPLIES WHEN USING THE SPECIFIC SHARING SERVICE PLATFORMS PROVIDED BY PROPELLERHEAD. IT WILL ONLY APPLY IN RELATION TO MUSIC AND CONTENT THAT YOU ACTIVELY SHARE THROUGH PROPELLERHEAD’S SERVICES AND DETERMINES WHICH USE OF YOUR MUSIC AND OTHER CONTENT THAT YOU ARE ALLOWING OTHERS. BASICALLY, YOU ARE GIVING AND GETTING AN EXTENSIVE LICENSE FOR USE AND ADAPTION OF MUSIC THAT IS UPLOADED TO THE SHARING SERVICES.
3.1 You retain all of your ownership rights in the Content that you create or upload to the Sharing Services. However, by uploading Content you grant every user and Propellerhead a non-exclusive right to use your music (with the right to sublicense). The license includes a right to copy, reproduce, communicate to the public, distribute, prepare derivative works of, modify and adapt your Content – even for commercial purposes – in any and all media and distribution methods and to the extent permitted by the Terms of Service. The license applies worldwide and is royalty-free and irrevocable.
Because we offer an open music sharing service, we ask for broad rights, so we can publish files on the Internet, and so others can freely use the stuff that is posted. In kind, you’ll to be able to use everything you find on the service.
Know that even though you are granting broad rights to all, you always maintain ownership of your stuff.
We don’t intend to sell your content. Other people on the service might end up doing something successful with content they find and even make money from it
(and so could you for that matter).
3.2 You understand that the Content uploaded by you may be used freely by other users, as well as included in the music, songs and Content of other users – even for commercial releases. You also understand that your uploaded music may be modified by other users of the Sharing Services without your prior approval.
3.3 The license to Propellerhead includes a right to use the Content to perform the Sharing Services and in marketing of the Sharing Services or Propellerhead. Propellerhead has the right to assign and sublicense the license.
We want to be able to highlight cool stuff we find.
Note: there’s a way for you to set your content to “unlisted” (in the Music section of your account). Your unlisted content won’t be discoverable by others, and we won’t highlight it. Unlisted files have secret links on the Internet and theoretically could be viewed if someone happens to get the secret URL.
You can always delete files, but know that someone could have already downloaded them before you deleted them.
3.4 You agree to and warrant that the Content is created, owned or duly licensed by you and that Propellerhead does not need the permission or license from any third party to use the described rights. You may not upload Content that contain third party copyrighted material, or material that is subject to other third party proprietary rights, unless you have the permission from the rightful owner of the material.
3.5 By uploading Content you further – to the extent permitted by law – waive any moral rights that may be vested in you as creator.
3.6 Content that you have uploaded may be removed from the Sharing Services on your request. Please note that such removal has no retroactive effect and that your license still applies to use of Content started before such removal.
3.7 As a user of the Sharing Services, you are granted a license in accordance with section 3.1 from each other user who uploads Content.
You understand that Propellerhead is thus not the licensor and does not warrant or is liable in connection with your use of the Content. The terms in these Terms of Service limiting Propellerhead’s liability also apply to your use of the Content.