Drum patterns Replayed???

Hello Group:

If I have a popular drum pattern replayed & NOT SAMPLED from a popular record/song, do I have to get this cleared? If possible (or not), please direct me to a legal clause (or web site) stating so.

Thanks,
suenos

In theory yes. Music ownership is split between the performer and the writer, so by re-recording something, you only take the performer out of the equation. If it was a bass line and you re-recorded it, you would have to pay the person who wrote the bass line clearance fees. So in theory, a drum pattern is no different. The reality on the other hand, is a whole new ball game - I seriously doubt anyone would even realise you'd re-recorded it (unless it was an exact copy right down to the effect processing).

This is why in a lot of adverts that use old classic songs, they get someone in to cover it - that way they only pay songwriting royalties and a few pounds for the session singer.

Thanks. I also understand that by replaying the pattern (not sampling), you dont have to pay whoever owns the rights to that particular recording.

The thing about drum patterns, when it comes to sampling or reproducing or what have you, is that drums are fairly standard across the board when it comes to what you can do with them. For instance, you can create unique fills, but you'd get laughed out of any court if you tried to say you originated the four on the floor house rhythm of such and such track and that no one else can use it.

Guitars and any sort of melodic instrument, on the other hand, allow you to score completely original melodies and complex harmonies and so on, with unique tunings and various other amenities that are fully comprehensible as "off limits" legally speaking for non-paying samplistsor musicians who'd want to reproduce the riff.

However, these drum fills and long melodic phrases are only fully distinguishable as unique when heard in the context of the original work. When a single drum hit or short fill is sampled, or when you happen to use a 3-chord progression that was used in some particular song, you have nothing to fear.

I'm no lawyer, but I say don't worry about your drum pattern. Like Tutor said, IN THEORY you'd need permission to use it, but fuhgettaboutit.

-tank.