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eedok

Any gotchas I might run into here?

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Well I got some royalty free music in partners in rhyme, and here is the License agreement for the terms. I plan on using this in my game, and I see that term 1 should be fine as a game counts as a audio-visual project. Looks like for section a. if I make my game open source, it means that the music will have to remain under this license and won't be redistributable for derivative works. B & C look non-applicable to me, as I'm using this unmodified for my game. 2 is the reason I got the music in the first place. 3 I don't get 100% but can't see how it could get me into any legal trouble if I just use it in my game(s). 4 shouldn't be a problem as I plan to credit them 100% throughout my works. 5 might need to be explained to me a little better before I go on with using the music. 6 shouldn't be a problem as I don't think music will damage my game(s). Again with 7, 8 & 9 I might need a little more explaining as how this may affect my game(s) using this music. I am not a lawyer or even close to one, so maybe would someone be able to point out some things that may affect usage of this music in my game(s)?

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Quote:
Original post by eedok
3 I don't get 100% but can't see how it could get me into any legal trouble if I just use it in my game(s).
Its nothing to do with you. It just states that they own the rights and as such are allowed to pass those rights on to you.
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4 shouldn't be a problem as I plan to credit them 100% throughout my works.
That doesn't make sense. Clause four just states how long the term of the license is. Crediting them has nothing to do with that.
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5 might need to be explained to me a little better before I go on with using the music.
This just means you can only use the sounds in the ways described in the license. They don't have to list all the things you can't do with the sounds because you can only do the things that are listed. In addition the license is non-exclusive so anyone else could use the sounds in their games or other AV works.
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6 shouldn't be a problem as I don't think music will damage my game(s).
They aren't talking about damage to the game but damage to your business (as a result of legal action). If some mad religious group decided that the music was an attempt to summon Satan they might take you to court. That would cause you financial damage but this clause prevents you suing the music company to recover any money lost in this way.
Quote:
Again with 7, 8 & 9 I might need a little more explaining as how this may affect my game(s) using this music.
Quote:
I am not a lawyer or even close to one, so maybe would someone be able to point out some things that may affect usage of this music in my game(s)?
Clause 7 appears to have words missing. I suggest that you contact the music company about this because the second sentence doesn't make any sense. - however the intention of the clause seems to be that the contract is subject to California State law (so if you want to dispute this agreement you must do it in a California court). The clause also states (or rather tries to) that if any clause is invalid the rest of the contract remains binding as if that clause didn't exist.

Clause 8 - Contracts/licences are often non-transferable (between companies) but this one is. For example if the music guys sell their company to some other firm this contract/license remains binding. Likewise if you sell you game on to a publisher or sell your development company the license remains binding.

Clause 9 - actually there is a problem with this clause. The main concept is ok. It states that if you breach the contract (a "material breach") then the contract is terminated. - That is fair and fine.
However it also states that the agreement is also terminated if a third party (someone else) makes any use of the sound. That is very vague and open ended and could mean that if a hacker were to hack out the sounds and use them in another game or on a web site or in any other way your license would be terminated. That is unreasonable because you have no real control over the sounds once you game is released. - You should certainly point this out to the company.

[Edited by - Obscure on August 6, 2005 6:03:08 AM]

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