Gardon, see my post above on sampling. There is no way you are legally allowed to use any portion of anyones copyright works for anything that is not covered under Fair Use, which has nothing to do with game creation. End of story.
Song use / legal issue
At my day job, I work with the record companies every day, licensing tracks from artists. More often than not, it's actually a hassle to be able to even -clear- a song for license, let alone give them money for it. The recording labels (Universal in particular), are very specific about the number of units being produced, and usually won't even consider licensing out name artists if the production is under 24 000 units.
Even then, once you've cleared an artist, you're looking at royalties on a per unit basis. For someone like Iron Maiden, you're looking at upwards eighty cents a unit.
Now, that's -just- for one song by one artist. Care to do the math? Unless you have a lot of money, a credible name and some connection to the recording labels, you're going to have one hell of a time doing this legally.
And trust me...I would not reccommend doing it illegally. Nosirreebob.
Even then, once you've cleared an artist, you're looking at royalties on a per unit basis. For someone like Iron Maiden, you're looking at upwards eighty cents a unit.
Now, that's -just- for one song by one artist. Care to do the math? Unless you have a lot of money, a credible name and some connection to the recording labels, you're going to have one hell of a time doing this legally.
And trust me...I would not reccommend doing it illegally. Nosirreebob.
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.
.
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.
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
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]
*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.
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.
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".
This topic is closed to new replies.
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