Can A Neighbor Sue You For Sampling His Cows?

Can your neighbor sue you if you decide to follow his herd of cows, record bits of audio from them, and use this audio for a song? Reddit user ProfessionalTom seems to have been very curious when he asked this question at the discussion website.

“I plan on using these sounds in my tracks. He saw me following the herd and recording a plethora of samples of his cows,” Tom writes.
“When he asked me what it is for, I said I will use them in a song. He laughed and didn't seem to mind. His son was there though, and he knows my artist name.
“Now I wonder whether they can take over my song if they change their minds because it contains sounds of their cows.

Many Reddit users were quick to answer Tom’s question, and most of them said that his neighbor wouldn’t be able to sue him.

“How would he prove that the recording uses the sound of his cows, specifically?” he asks (fair point). “Do they sound more distinctive than other cows? There’s no claim to be made here whatsoever; you made the recording and it belongs to you.”

What are your thoughts about this one?

(Image Credit: Peggy_Marco/ Pixabay)


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Carrying anything to court seems possible. However. I even expect that it could be possible to idenfify different bovie individuals based on their communication sound characteristics after e.g. a fourier-analysis. But as Humans are presumably not able to distinguish theese sounds, it would be difficult to determine which cow sound has been used. Also, the cowboy has no means to prevent that other people hear his cow sounds... therefore he won't be albe to prevent that these sounds are heared and sampled and used. Additionally i don't think that the cowboy can access any copyrigt that would have been owned by his cow, as cows are not considered as "legal person". But as i case of the selfie of the celebes crested makaque, it does not mean that you are safe from any litiguous person..
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You can be sued for anything. Whether you can win in court is a bit of a gamble. However, there are certain creativity rights to sounds and sound samples. Clearly the cow owner would have no rights to the song itself, but the claim to own the sounds of his cows would be up to the court to decide.

My guess is that the cow owner would have no ownership at all since he had no creative input to the sounds, nor did he induce the sounds from the cows. There's still a slim chance a judge will award him something, but even if that happens I suspect it won't survive an appeal.
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