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Song use / legal issue

Started by July 20, 2005 03:24 AM
52 comments, last by krikkit 19 years, 6 months ago
Certain TV shows, especially ones like The Wonder Years, haven't been put out on DVD yet mainly because they can't clear the rights to the music/soundtrack. I'd say if they can't work things out, and they're in the industry, us in the peanut gallery have absolutely no chance.
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I'd follow Rockstar's example. In their GTA games car radios have built-in stations (made by Rockstar). However, there is a folder into which you can put mp3's and they will play on a separate radio station in the game. I think something like that would be great.
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Hey all,

Just a brief note:
You're talking about piracy on a game development forum with particularly strict anti-piracy rules. Regardless of what you're intending to do with the music, you should probably not use statements lile: "Fuck, I should just take my chances and sell it anyways lol." - people have been banninated for less than that if I remember correctly.

Now onto the nougety content of the post:
Licencing will probably not happen with bands like that [as Julian Spillane stated] and a game that isn't AAA. The music legal/licencing situation is incredibly unfortunate, but hopefully it'll end up completely screwing the record companies over at some point in the future - as the people who wanted to get licencing for their little games grow up into the new triple-a developers. Anywho.

Here [australia], I think that there's something about 10% of the song being fair game [which is probably why you can get music samples of around 30 seconds from amazon and whatever, without them having to pay licencing?], so if you were to grab these samples you might be able to put them together legally.

Regardless however, if you were to take your chances with the music stuff, I'd have to say that there are multiple levels of illegiality [ie much larger penalties]. The higher level is selling a game with pirated content. A lower level is selling the game with no pirated content and providing a mechanism for the user to get the 'reccomended playlist'. I would certainly advise against the former - it is a commercial crime. The latter is still illegal [even stating "it would be nice if you wanted to insert these songs:" because of the grokster/riaa case methinks] but because you are not selling their copyrighted content, it is a lower level crime.

Hope this gives somewhat of a slight insight.

--CJM
If you really like shooting stuff too metalica, you can do 2 things that I think is legal (I'm a coder, knowing nothing of the laws of USA).
*Going to an artist and pay them for making songs that sound like the wanted songs.
*Don't know anything about the Creative Common license but you might find songs that sound like metalica for free...

Don't quote me on this however since I am (like I said earlier) only a poor simple coder ;)

edit: removed "making a cover" since it isn't really a legal-without-worrying-about-rights thing...

[Edited by - sirGustav on July 23, 2005 9:31:42 AM]
For the most part, you are right. As far as a cover, the lyrics of a song are held in a seperate copyright than the recording itself, so you would have to get clearance to perform Metallica's lyrics.

I am not sure about the instrumental aspect of covers. It is a slightly grey area exactly how much "Hey, that's my guitar lick" one can get away with.
Quote:
Original post by Gardon
Fuck, I should just take my chances and sell it anyways lol.

Today in this age everything is a legal outfit. Lawyers are suing people up the butt left and right about stuff that is so pathetic.

Without ironmaiden in my music for my game, it's totally worthless (by the way, the battle scenes rocking out to iron maiden really kick ass).

Thanks,

Gardon


Er, why don't you just write (or get someone else to write) some Maiden-esque music for your game, rather than steal theirs and face potential lawsuits? Seriously, there are about fifty billion guitarist/songwriters/bands who would probably write free music for you.

Also, I find your lack of concern for copyright laws a bit disturbing, to say the least. Not to mention that you can't find ANYTHING other than Maiden for your game? I mean c'mon, wouldn't some ORIGINAL metal music for your game be way cooler than ripping off some well-known tunes? I personally can't stand it when I hear a popular song in a game, it ruins the atmosphere for me.
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Quote:
Original post by Gardon
Fuck off flaming. If you don't have anything better to do, stop harassing people with ambition

And let's see your game that you made. You can't talk shit if you haven't made yours yet, or at least "a" game. "Making" a game, and "finishing" a game are two unbelievably different things. Right now, I'm in the process of "making".

Gardon


No offense dude, but he's right... everything you say this thread reeks of immaturity and lack of experience.

And yes, I've made games by myself and finished them, so I speak from experience and am allowed to "talk shit".
Read the post argle. I was talking to flaming, so I could care less about what you think.

The point is, you want action, you want loudness, you want excitement in a game. I was trying to see what the rules are (being someone who has absolutely no idea) about using music in my game.

And for the people who say get someone else to play your music... it's not the same. It's NOT ironmaiden, and I understand I can't use Ironmaiden, so I'll have to think up something else.

Note: I'm also not one of those people that put those popular songs into a game, just because it's popular. I'd actually started a playlist about songs that you never hear on the radio, rather than the unbelievably re-occurrent "Enter Sandman" song by metallica.


But you see, that's my point. If I only needed (which I do) 30 seconds or so from each song, it would be SO doable, seeing as people base the songs on lyrics, notes, voice quality, etc. I would be using parts of the songs no one really listens to.

Whatever. Thanks everyone for giving me some insight about this topic.
And just because I'm asking questions on a forum (oxymoron?) doesn't mean I can't make a game. So think what you want, but until someone shows us his/her game on this forum, not one of us has credability for making a game, regardless if it's pong or Diablo 3.

(Immaturity? I'm talking about music piration, not coding and designing a game engine. I'm 17 year old... sorry for not being up to par with a 20 year olds' brain power.)

Gardon
"I would be using parts of the songs no one really listens to. "
Which doesnt make one bit of difference. But I realize you see the point. Basically, the whole world boils down to this: if you didnt make it yourself, from start to finish, or unless it came with a notice that said "this is copyright free/royalty free" then you cannot use it. :)

Good luck now!
Now what if one were to use a 15-30 second clip or 15-30 second midi of a copyrighted song (or to "quote" lyrics in a game)? Would this not be considered fair use if proper copyright notices were included? I could've sworn that this is fair use, which is how companies get away with using songs in commercials...

...unless those companies do pay royalties for each commercial showing, which you know, I wouldn't put past the recording industry.

I thought this was fair use, and was planning on having a bard in my game play little riffs from various songs as combat skills... perhaps playing "Disco Inferno" will cause fire to rain from the sky... it'd be like an Area of Effect Fire spell. (it's kind of a comedic game if you can't tell).

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