This is probably something that is covered somewhere already so please forgive me. Obviously, using any mp3 in a game is illegal because they are protected under copyright laws. But I understand that after 50 years or so, the copyright expires and anyone can use the music; which is why classical music is a cheap source for music. But I was wondering; even if the tune itself is free to use, aren't the people who are actually playing it - the band or symphony - still entitled to the music? If so, how does that usually work out? Do I have to recompose the music myself? Also, I was wondering about sound effects. Do game makers have to create their own original sound effects for everything or are some sound effects freeware?

The music may not be copyrighted any more, but any recordings of it are! In fact, even transcribing copyrighted sheet music to MIDI then rendering in a synthesizer might be infringement!

The solution is to get a copy of sheet music that is out of copyright, transcribe that to MIDI, or play it, and record that. You own that.

IANAL.

Quote: Original post by Limdallion
This is probably something that is covered somewhere already so please forgive me.

Obviously, using any mp3 in a game is illegal because they are protected under copyright laws. But I understand that after 50 years or so, the copyright expires and anyone can use the music; which is why classical music is a cheap source for music.

But I was wondering; even if the tune itself is free to use, aren't the people who are actually playing it - the band or symphony - still entitled to the music? If so, how does that usually work out? Do I have to recompose the music myself?

Also, I was wondering about sound effects. Do game makers have to create their own original sound effects for everything or are some sound effects freeware?

It reads as though you are forgetting another option: Purchase.

Somebody else's music, such as an mp3 recording, cannot be redistributed legally without the copyright holder's permission. Copyright is really about distribution rather than copies. You can use your own copy all you want, you just can't redistribute it without clearing copyrights. You can get the copyright owner's permission (usually) for a small fee. The persmission may come with restrictions on the usage, and might limit your ability to redistribute. Read and be certain you completely understand the agreement before you pay, even if that means having a lawyer review it with you.

In the US, it is a specific number of years. Right now I believe the year is at 1909, although I might be off. Anything from 1900 or earlier is certainly fair game. You should be able to get very old recordings from records if you really want to.

Recordings made after that date (the stuff you find on the CDs) have a copyright date that probably dates back to the past 20 years or so, and is still covered. You'll need permission to use it, or a copy of the notice that it was released as public domain.

As for sound effects, they are created in house, outsourced to a contract company, purchased as stock effects, or otherwise obtained. There are a few good sources of royalty-free music and effects online, although you have to pay for registration on the really good ones.

Duration of Copyright Protection
Works Originally Copyrighted on or after January 1, 1978

A work that is created and fixed in tangible form for the first time on or after January 1, 1978, is automatically protected from the moment of its creation and is ordinarily given a term enduring for the author’s life plus an additional 70 years after the author’s death. In the case of "a joint work prepared by two or more authors who did not work for hire," the term lasts for 70 years after the last surviving author’s death. For works made for hire and for anonymous and pseudonymous works (unless the author’s identity is revealed in the Copyright Office records), the duration of copyright will be 95 years from publication or 120 years from creation, whichever is less.

Works created before the 1976 law came into effect but neither published nor registered for copyright before January 1, 1978, have been automatically brought under the statute and are now given federal copyright protection. The duration of copyright in these works will generally be computed in the same way as for new works: the life- plus-70 or 95/120-year terms will apply. However, all works in this category are guaranteed at least 25 years of statutory protection.
Works Copyrighted before January 1, 1978

Under the law in effect before 1978, copyright was secured either on the date a work was published with notice of copyright or on the date of registration if the work was registered in unpublished form. In either case, copyright endured for a first term of 28 years from the date on which it was secured. During the last (28th) year of the first term, the copyright was eligible for renewal. The copyright law extends the renewal term from 28 to 67 years for copyrights in existence on January 1, 1978.

However, for works copyrighted prior to January 1, 1964, the copyright still must have been renewed in the 28th calendar year to receive the 67-year period of added protection. The amending legislation enacted June 26, 1992, automatically extends this second term for works first copyrighted between January 1, 1964, and December 31, 1977. For more detailed information on the copyright term, write or call the Copyright Office and request Circular 15a, "Duration of Copyright," and Circular 15t, "Extension of Copyright Terms."

Sorry...too lazy. Went straight for the horse's mouth.

I think the legal difficulties with attempting to get permission or attempting purchase from the people recording the music would be too much trouble. Does anyone have any idea how much use of a recording costs?

I am hearing the only legal option is to use ancient sheet music of songs that are out of copyright. Would it also be possible to create music that sounds like the outdated classical composition from scratch? I mean, just doing it by ear. I don't see why not.

Also even if it is illegal to use sheet music that is copyrighted (even though the song is not), how could anyone possibly detect that? The sheet music, whether it was printed recently or a hundred years ago, would be identical.

Quote: Original post by Limdallion
I think the legal difficulties with attempting to get permission or attempting purchase from the people recording the music would be too much trouble. Does anyone have any idea how much use of a recording costs?

The cost varies, and depends on many factors.

I'm guessing you aren't anticipating a lot of distribution for your game. [grin]

If your music people are indie musicians, they'd probably even let you distribute it with no royalty as long as you give them credit and a link to them. Otherwise you could ask them about a per-sale royalty to them, maybe 0.5% of the price, or around $0.05 per purchase.


Big companies are easy to contact. Talk to their copyright office. You look up the name of the company on Google, search for the contact info, and fire off an email. They'll give you a price sheet that shows if you distribute a few thousand, they'll charge you $x, over X0,000 you get a different price, and over X00,000 you get another price. Plus they'll charge a base fee that is probably more than you want.

It's generally easiest to contact an indie musician. IUMA.org is a big list but the web site is miserable. Their online radio is fun to listen to, when it is running. A tiny bit of digging on your favorite indie music site is all you need.

To answer your question about SFX, it basically falls under the same category as songs, though there isn't a composition copyright available for it...just the mechanical license, that is...the recording of the SFX.

Yes there are tons of royalty free sounds available everywhere, and developers can go to these. But the higher profile the project, the more likely it is people will hear the recycled sounds. (Of course that doesn't stop people from overusing Hollywood Edge straight out of the library for EVERYTHING. I can tell because I own it all.)

Quote: Original post by Limdallion
I am hearing the only legal option is to use ancient sheet music of songs that are out of copyright. Would it also be possible to create music that sounds like the outdated classical composition from scratch? I mean, just doing it by ear. I don't see why not.

Also even if it is illegal to use sheet music that is copyrighted (even though the song is not), how could anyone possibly detect that? The sheet music, whether it was printed recently or a hundred years ago, would be identical.

I would say that you'll be fine working from sheet music - even new - of an out-of-copyright piece, unless it's clearly some sort of derivative work or rearrangement, providing you are using it to reconstruct the original. What would not be legal is photocopying that sheet music.

Quote: Original post by Limdallion
Also even if it is illegal to use sheet music that is copyrighted (even though the song is not), how could anyone possibly detect that?

'Is it illegal?' and 'can I get caught?' are two separate things.

I think you will find that the copyright on sheet music of an out-of-copyright piece (assuming the sheet music is not of some arrangement or derivative) only covers the actual presentation of the music - not the music itself.

The music itself - as in - the notes - which you could transcribe to MIDI or some-such - are probably considered public domain.

Of course, I am not a lawyer. If you're particularly concerned, it would be best to ask one.