Is it legal to use copyrighted music in a freeware game?

If not, what about a demo program?

The issue behind what you''re asking is that you will be distributing this copyrighted music, and publicly, which is definitely illegal. I don''t believe any aspect of fair use covers you in either instance. Snoop around for online artists who are writing music in the style you would like to use, get their permission, and let them get a little press with your demo/game. Everybody wins in that situation.

Great idea. Thanks.

That''s the way. What you suggested before was most definatly illegal, but if you ask permision, it would be excelent.

I''d suggest you would have more luck with a less popular band (ie: not n''sync) and probably more luck with a demo, rather than a game.

Probably a good idea to have details of what you are doing when you request permision. If you will be using the whole song, if you will be modifying it and how, the general story/theme of what you are doing, etc, etc.

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quote: ie: not n''sync)

shit!

My Site

If I make a cover of an n-sync song, by example a midi, and I use that in my game, Would that be legal?

My Site

On the copyright evilness scale, using a copyrighted song is Number One Bad Thing, using copyrighted lyrics is Number Two Bad Thing, and using copyrighted melodies is Number Three(one can copyright melodies aside from actual sampling, correct? There''s some hubbub going around about some cell phone ringtones being illegal, if my brain is on straight.)

All music automatically has copyright the instance it is created. Melody is part of music and so does not fall under a separate category.

Lyrics have separate copyright from music (literary copyright).

Recordings have separate copyright from the music and lyrics (sound recording copyright).

Basic rule of thumb - if you have to copy something in any way then you are infringing upon the owners copyright.

"Is it legal to use copyrighted music in a freeware game?" - No law exists which states that you may or may not use copyrighted music in a freeware game. So, the only way to get an answer to that question is to be taken to court and have a judge make a decision. The judge would examine the case on its own merits. The only way to guess what the result would be is to seek professional legal advice.

US Code Title 17, Chapter 1 sec.107 states:

"In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include -

(1)

the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;

(2)

the nature of the copyrighted work;

(3)

the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and

(4)

the effect of the use upon the potential market for or value of the copyrighted work.


The fact that a work is unpublished shall not itself bar a finding of fair use if such finding is made upon consideration of all the above factors"

It is illegal to "Redistribute" copyrighted music in any form. Although, if your not selling the product, atleast you won''t be charged for pirating, which I''m sure holds a larger sentence. If your game is gonna be low profile, and more of a practice type thing, I doubt there is any harm in using songs. As soon as I read about it in PCGamer or Gamespy, you will definately have legal problems if you didn''t get permission.