LEGAL QUESTION - POPULAR SONGS IN NONCOMMERCIAL GAMES?

Posts

Pages: 1
Does anybody have any advice regarding using songs in noncommercial games? For example, let's say I wanted to use a song by a popular recording artist. I've seen it done in the some of the games I play on here and was just wondering if this was okay since the game isn't being made for sale or profit.

I have several songs that I would like to use in my noncommercial game, but was wondering if I actually need to get permission first from the legal department at a record label? I'm highly doubting many of the people doing this are seeking permission first.

Just wondering if anyone has any input or advice on this topic. Is permission needed for a noncommercial project (are songs by major recording artists licensed under some fair use kind of act)?

Thanks!
Corfaisus
"It's frustrating because - as much as Corf is otherwise an irredeemable person - his 2k/3 mapping is on point." ~ psy_wombats
7874
All distribution by individuals of others intellectual property is piracy. Granted, we in the RPG Maker community have a disgustingly skewed view of legality (having spent roughly two decades stealing everything we've ever used), so using your favorite song from your favorite pop artist will get you nothing more than a laugh at your taste in music around here, instead of criminal charges being filed against you.

Granted, if the companies or the artists themselves find out that you're freely distributing their property (in this case music), they have all the right in the world to apply a cease and desist to your work or hold you accountable for lost business which could theoretically land you in jail or leave you with a hefty fine for each song used.

You'd be better off using royalty free music which can be found just about anywhere (even here). In terms of what you can use from our own community, those can be found here and here.
Sooz
They told me I was mad when I said I was going to create a spidertable. Who’s laughing now!!!
5354
Legally speaking, at least in the US, you're not allowed to do it.

Realistically speaking, it's really unlikely anyone important will ever find out, or, if they do, care enough to go after you.

Fair Use wouldn't apply here, since you'd be neither doing any sort of commentary or criticism on the piece, nor parodying it, and it doesn't sound like you're being transformative.

Generally, it's probably a better plan to just find something with a creative commons license, if you want to be safe.
Also anyone who LPs your game will get muted on youtube. Welp.
pianotm
The TM is for Totally Magical.
32347
There are a lot of cases where it's apparent that any legal action taken, such as the dancing baby video, is overreach. In this case, it wouldn't be. Simply adding a piece of music that you don't own to your soundtrack, whatever you're using it for, is not, nor ever has been legal, nor should it be.

Possible use: My movie is about Woodstock. I have to use music by the Doors, Jimi Hendrix, and The Who.

That's different. That's a story about an era of American history where that music played a role, therefore that becomes a criticism whereby the music is not only heard, but also critically examined, whether it is used to criticize or becomes part of the subject of criticism.

Possible use: I think Du Hast by Rammstein would make an awesome battle theme in my video game.

No, no, no. Absolutely not. Du Hast would be an awesome battle theme. It would be so awesome that you should pay the artists and publishers to use it. If you don't, then you only have yourself to blame when you get in trouble.
author=pianotm
Possible use: I think Du Hast by Rammstein would make an awesome battle theme in my video game.
I... actually did this, in a crummy RA2 clone I tried making. Rest assured, that game won't see the light of day.

Er, this might be off-topic, but what about making sound-alikes? Can you be held for that?
Okay, thanks to all for the input! I won't be using the songs.

I've just seen it done in other free games and was wondering about the legal issues that may or may not arise. You never know if a game is going to get bigger than you intended, so it doesn't hurt to ask.

I don't like using the royalty-free tracks online since everyone else is using them. I will have to create my own or hire someone to do it, like I am doing for all the graphics.

Thanks again!
To be fair, as was stated, a lot of us use ripped graphics and music. And again as such, the creators have the right, but usually not the will, to track down and slap you with cease and desist claims. Especially since you're not using it for profit. I always say, keep track of the owner of every resource you use, and be damn sure to include them in the credits of your game. Even better, if you can actually get a hold of the original artist or musician, you can always ask them permission to use their work in your free game. This step usually goes a long way and most artists/musicians are happy to let you use their work in a free game so long as you credit them in some way after going through all the trouble to ask them about their work.

As a good rule of thumb, it's wise not to spamvertise your work anywhere but in the RMN community - try to use down low resources for rips (generally speaking, obscure titles work great for this purpose, unlike popular titles.)
author=karins_soulkeeper
Er, this might be off-topic, but what about making sound-alikes? Can you be held for that?


When it comes to music, copyright holders have ownership over all parts of the track, which includes its lyrics and its melody. So, if by sound-alike you mean the same melody using different instruments and/or different timing, then that would still fall under copyright infringement. If you mean a different but somewhat similar melody, then it's probably fine.

I say probably, because there was a case some years ago where the band Coldplay was sued by another recording artist for including a melody in their song Viva la Vida that, the artist claimed, was ripped from the other artist's property. Listening to it yourself, you could only conclude that the other artist was a petty fool who was looking for any excuse to sue someone, but the precedent is there.
If I want to use "Never Gonna Give You Up" to do a Rick Roll
meme,only about 15 seconds in my game,does this falls under fair use?
Corfaisus
"It's frustrating because - as much as Corf is otherwise an irredeemable person - his 2k/3 mapping is on point." ~ psy_wombats
7874
Nope. Besides, the return isn't that priceless.
Fair use is tricky. Interpretations of it are as various as the interpreters, simply because the law only provides guidelines, rather than rules.

In addition to the more well-defined guidelines, such as commentary, criticism, parody, etc., the law provides the following:

the purpose and character of the use (e.g., was it for profit?);
the nature of the copyrighted work;
the amount and substantiality of the portion of the work used in relationship to the whole work; and
the effect of the use upon the potential market for or value of the copyrighted work.

Clearly, a Rick Roll doesn't come close to violating any of these, and that is largely the stance on the slew of memes featuring copyrighted material.

However, I would have to agree that it's not at all worth it. Not even a little.
Sooz
They told me I was mad when I said I was going to create a spidertable. Who’s laughing now!!!
5354
P. sure there have been successful lawsuits from the creators of memes when they're used in certain materials. Just because they're widely used doesn't mean that they're public domain.

But yeah, don't use memes. They're not actually as funny as you think they are, especially in creative works. Come up with your own damn jokes.
Pages: 1