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Rights to a song?


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#1 dtg108   Members   -  Reputation: 394

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Posted 23 January 2013 - 01:26 PM

Hey guys, I was wondering about a song that we wanted to use for an upcoming indie game. How would we even try to do this, if possible?



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#2 Madhed   Crossbones+   -  Reputation: 2486

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Posted 23 January 2013 - 01:38 PM

Contact the copyright holder of the song.



#3 Stormynature   Crossbones+   -  Reputation: 2661

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Posted 23 January 2013 - 03:13 PM

If you are planning to use an existing recording then you have two responsibilities to pay attention to:

 

  • The recording itself
  • The copyright holder of the music

 

If you plan to create your own performance then

 

  • The copyrightholder of the music

 

Contact the record company responsible for the recording (if dealing with that aspect). They may also hold details as to the copyright holder.

 

 

You can also track the copyright holder of the song through one of these three following sites They can belong to one or all of them.

 

ASCAP, The American Society of Composers, Authors and Publishers
 

BMI, Broadcast Music, Inc.

 

SESAC

 

These organisations can also provide licences of use in certain circumstances. Best to examine the websites though for more details.



#4 Dan Mayor   Crossbones+   -  Reputation: 1712

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Posted 23 January 2013 - 03:15 PM

Contact the copyright holder of the song.

 

I'll second this, songs are just like artwork, stories or any other intellectual property.  The copyright holder is the final authority on what terms you will need to adhere to (and maybe what you'll have to pay depending on the song) to use their works.  Be sure to get your authorization in writing to cover your legal rear, just a simple IM or E-Mail saying you can use it will not stand in court should they later decide to come after you for damages, loss or copyright infringement.  If there is an active copyright on the work I would highly advise that you seek legal aid as well.  Never trust their lawyer to give you a fair deal and you may not fully understand the implications of the license that you are binding yourself too when agreeing to terms with the author's lawyers.


Digivance Game Studios Founder:

Dan Mayor - Dan@Digivance.com
 www.Digivance.com


#5 bschmidt1962   Crossbones+   -  Reputation: 1710

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Posted 30 January 2013 - 12:22 PM

Hey guys, I was wondering about a song that we wanted to use for an upcoming indie game. How would we even try to do this, if possible?

 

It depends... is it a  well-known song or a song by a well-known artist.  Or a song by some almost unknown indy band that you like...

Music licensing is not at all straightforward, and if you're looking at anything from a major label/artist, it probably won't be worth your effort.

 

If you do decide to go that route, by far the easiest way to do this is to go through a music rights clearance company.  They will know exactly what i's to dot and t's to cross, whom to contact and how much to charge.  Here's one such company:  http://www.rightsworkshop.com/music-supervision-clearance/.

 

If you're doing an indy game, why not commission some custom music?  There are many composers/songwriters would would love to write for your game for a modest cost.

 

Also a minor clarification of the advice above.  Organizations like ASCAP, SESAC and BMI are not in the business of this kind of licensing.  They deal with a different kind of music license (a "performance license"), that generally is not applicable to video games

 

Oh..and of course it should be said.. do not use any sound or music that you don't explicitly have a license to :)

 

Brian Schmidt

Executive Director GameSoundCon

Brian Schmidt Studios


Brian Schmidt

Executive Director, GameSoundCon:

GameSoundCon 2014:October 7-8, Los Angeles, CA

 

Founder, EarGames

Founder, Brian Schmidt Studios, LLC

Music Composition & Sound Design

Audio Technology Consultant


#6 Stormynature   Crossbones+   -  Reputation: 2661

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Posted 31 January 2013 - 02:34 AM

If you do decide to go that route, by far the easiest way to do this is to go through a music rights clearance company. They will know exactly what i's to dot and t's to cross, whom to contact and how much to charge. Here's one such company: http://www.rightswor...ion-clearance/.

 

Nice - did not know that route :)






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