using copyrighted music in games

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42 comments, last by -silencer- 18 years, 6 months ago
You can look for a composer to create original music for your game on the Help Wanted forum. It worked for me.
Jooleem. Get addicted.
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What about composing a song using parts of copyrighted music (lots of techno stuff is a good mix of littlebit here and there). Isn't there something that if you only use a small part it is ok?

Just an example (maybe wrong on this). You can searh for images on google. Google have collected alot of images which they store in their DB. These images is only thumbnails of the real image. They don't need permission for this because if you rescale an image, and it would differ for more than 30%, then it is ok?????

But if you would do the same with music samples, you would have to "change" the sound at least 30%.

And I think the copyright of music gets removed after 30 year or something... but that is just something I read somewhere really quick, so don't take my word for it.
What about if you apply a sound filter to a tune or sound effect? It would be a unique set of frequencies.
-----------------------------Language: C++API: Win32, DirectXCompiler: VC++ 2003
Quote:Original post by DarkSlayer
Just an example (maybe wrong on this). You can searh for images on google. Google have collected alot of images which they store in their DB. These images is only thumbnails of the real image. They don't need permission for this because if you rescale an image, and it would differ for more than 30%, then it is ok?????


Actually, it's not. ANy time someone complains to google, they remove the links to the image. That 30% "rule" has no legal bearing. If you use 30% their lawyers can still sue you for 100%.

well, one song i want to use, the artist is in jail, could i use that?

another artist i want to use his song, be he's dead, can i use it if he's dead?
Quote:Original post by Avont29
is there a way i can ask online, or do i have to call make an apointement, blah blah

You need to get written permission from the copyright holder. And unless you are ready to spend hundred thousands to millions of Dollars on licenses and lawyers, you should better forget about popular music. Get a friend compose you something instead. You will never get permission to use music from some major publisher for free in your game, never ever.

Quote:Original post by m4gnus
if you want to sell you gam you have to ask the producer but if you don't sell then (i think) you can use any song you want(at least it's like that with movies...i think it's the same with games)

Nope, you can't. Any distribution of copyrighted material is illegal, unless you are the legal owner of the copyright, or have written permission from the owner. This is no issue if you write a game for yourself, and never intend to give it out to anyone else. But as soon as you start distributing it, free or not, you're infringing copyrights. And that can become very, very expensive, if the music industry decides to sue you.

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And I think the copyright of music gets removed after 30 year or something... but that is just something I read somewhere really quick, so don't take my word for it.

Depends on the country. 50 years in the EU, around 100 years in the US.

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What about if you apply a sound filter to a tune or sound effect?

Irrelevant, unless the song becomes totally unrecognizable. And even then, you'd better not tell anyone from where it came, because it could be seen as a derivate work.

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well, one song i want to use, the artist is in jail, could i use that?

No.

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another artist i want to use his song, be he's dead, can i use it if he's dead?

No, unless the copyright has expired.
Quote:Original post by Avont29
well, one song i want to use, the artist is in jail, could i use that?

another artist i want to use his song, be he's dead, can i use it if he's dead?


There is nothing stopping you from using these songs if you live in a country without copyright relations with the US (since you live in the US). According to the US copyright office, these contries include Afghanistan, Ethiopia, Iran, Iraq, Nepal, Somalia, and others.

Otherwise expect to hear from the lawyers representing whoever "owns" the music. For example, if you want to use a Beatles or Elvis Presley song you will have to pay Michael Jackson royalties for using it - As strange as it may sound, he "owns" those songs.

Basically, if you didn't create it yourself, you must get permission to use it. Read the copyright FAQ for more info.
Check the law regarding copyright expiry in your country.

For music recordings in the UK it expires 50 years after the recording/1st publication - BUT only if the recording was made in the EEA. If the recording was made outside of the EEA then the copyright is subject to the laws of the originating country as defined by international treaty.

The sampling of copyrighted works in your own compositions is a legal grey area. There is currently as case going through the US courts (involving Eminem i believe) that should create precedent one way or the other.

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For example, if you want to use a Beatles or Elvis Presley song you will have to pay Michael Jackson royalties for using it - As strange as it may sound, he "owns" those songs.


Except the copyright on the Beatles back catalogue will soon expire (by soon I mean in the next 5-15 years). The music industry is lobbying pretty hard to get the rules changed as you might expect from people who have such little integrity that they inflicted the crazy frog on us.
I'd suggest either finding a good indie-band that you like and asking them nicely if you can use some of thier music (indie's will often be more friendly to this type of thing), or make a post in Help Wanted looking for a composer (and being sure to post using the template).

- Jason Astle-Adams

Quote:Original post by Yann L
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What about if you apply a sound filter to a tune or sound effect?

Irrelevant, unless the song becomes totally unrecognizable. And even then, you'd better not tell anyone from where it came, because it could be seen as a derivate work.


Not quite. Hundreds of DJ's do the exact same thing all the time. Check this one out :

http://www.ntzrplk.com/audio/johnallan/crates/crate_05.01.05.06.mp3

I'm almost positive this guy has never spoken to the owner of Nirvana's songs.

BTW, if you'd like some original music, I might be able to help you out. PM me if you're interested.

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