Sound recordings

Peter Oxendale Music Services Ltd. provides advice on matters relating to the copyright vested in the sound recording. This often takes the form of advice relating to “audio sampling”, which is the direct interpolation of audio artefacts from one sound recording into another. “Sampling” has become prevalent in the genre of contemporary popular music and, with it, comes a plethora of misinformation and urban myths.

Peter Oxendale can provide the following services in relation to the copyright vested in the sound recording:

  • Advice with regard to copyright and legal issues relating to the use of samples in various territories throughout the world.
  • Advice as to whether a sound recording contains a sample or samples from another sound recording or recordings.
  • Advice as to whether the use of a sample from one work within another constitutes infringement of the copyright vested in the sound recording or the publishing rights or, indeed, both.
  • Undertaking various forensic tests in order to establish whether sampling has taken place. These include waveform analyses and “phase cancellation” tests.
  • Advice as to whether the use of a sample from one work within another requires clearance and whether any such clearance needs to be sought from the rights’ holders in the original sound recording, the publisher of the original work embodied in that sound recording or, indeed, both.
  • Creation of audio “A/B” files in order to demonstrate to a client whether a sound recording embodies a sample from another sound recording or not.
  • Advice on “replaying” samples.

Opinions with regard to the copyright vested in the sound recording can be given as consultancy (verbal reports) or as written reports. Written reports provided by Peter Oxendale are detailed and, in most instances, audio “A/B” files will be provided.