QUOTE FROM FAQ:Q: Are HammerHead's "breakbeat" samples and/or the samples found in the user bank archive public domain, so I won't get sued if I use them in my songs?
A: Bram Bos' reply: I have no clue who the original artists or sources are. All of these samples have been floating around in the public domain for ages. Personally, I'd say you can use them - especially because they have all been used hundreds of times before.
END QUOTE
just want to clear this up: I don't know where any of the others are from, but 'Funky Drummer' is from a James Brown song and you can potentially get sued if you use it and distribute copies of it. Sure it's been used hundreds of times before---but either
1) it was before about 1990 when record labels realized the 'value' of samples;
2) the use went unnoticed, because it was 'under the radar';
3) the use was cleared with whoever owns the recording and performance copyrights; or
4) there was a lawsuit.
it's a little irresponsible to say "Go ahead and use them because they've been used lots before". That argument certainly won't hold up in court (see Biz Markie vs Gilbert O'Sullivan circa 1991). These samples (or at least the Funky Drummer sample, anyway) are NOT in the public domain, they are protected under copyright. If you're moving less than 5000 units, then by all means, sample whatever you want and don't clear anything. But please, don't take my word for it either---read up on it yourself.
