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Koobazaur

Question about using licensed music

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Nope, even if the game is distributed freely you would still need explicit permission from the copyright holder to use it in a game you distribute. (Unless the game is distributed under a license that explicitly permits anyone to use the game and media in other works, but that doesn't seem very likely.)

If the game is free, I suppose it's possible the author might be cool with that kind of use, but you definitely need to ask! [smile]

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Short incidental usages (for example, having a little bit of it playing in a cafe that the player walks past) might be covered under fair use, but you should check with a lawyer. Anything more than that - certainly anything that 'features' a piece of music - requires permission of the copyright holder, regardless of whether you're giving it away free or not.

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Quote:
Original post by anothrguitarist
What if you used the composition, but played the music yourself?

You mean like you hear a beat or melody and play it on your piano, then have it recorded. So you actually made the music but did not lift the tune off of someone else. Interesting....

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Quote:
What if you used the composition, but played the music yourself?

That depends on the type of copyright. You can copyright either the sound recording itself (SR copyright), or the composition ('performance art', PA copyright), or both. It's worth noting that the 2 types of copyrights can be filed using a single 'sound recording copyright' form.

If there is a standing PA-copyright, then you need permission from the owner.
However, if you were to modify the composition to a degree, then the owner would have to prove that your modified work is a derivative of his own.

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