Hello, I am wondering what could happen to me if I released a FREE WARE that contains music that I'm not authorized to distribute. Since I make no money from the game, i cannot be sued for money, right? I believe the worst that could happen is that they send me a cease and desist (and i don't know exactly how that works). Then, i would have to take the download down, replace the music in question, and make the new version available for download. Right ? Can I get sued and/or lose money or is it just a matter of stopping to use the material in question after a warning is issued ?

Quote: Original post by RamboPowPow
Hello,

I am wondering what could happen to me if I released a FREE WARE that contains music that I'm not authorized to distribute.

Since I make no money from the game, i cannot be sued for money, right?

I believe the worst that could happen is that they send me a cease and desist (and i don't know exactly how that works). Then, i would have to take the download down, replace the music in question, and make the new version available for download.

Right ?

Can I get sued and/or lose money or is it just a matter of stopping to use the material in question after a warning is issued ?

They could sue for lost income. Have you seen the news at all regarding this? people who share music for free on peer to peer networks are getting sued left and right, they weren't charging for it so I would rather think you wouldn't be safe either.

[Edited by - stonemetal on February 18, 2008 4:32:31 PM]

Quote: Original post by RamboPowPow
Since I make no money from the game, i cannot be sued for money, right?

False. They can still sue you for damages, however the resulting amount might be lower than if you actually did make a profit of it.

Quote: I believe the worst that could happen is that they send me a cease and desist (and i don't know exactly how that works). Then, i would have to take the download down, replace the music in question, and make the new version available for download.

False. Apart from not being sued, this is the best that could happen. Depending on the situation, anything could happen.

Quote: Can I get sued and/or lose money or is it just a matter of stopping to use the material in question after a warning is issued ?

Like I said.


On a more general note: what is with all these threads lately where the original poster *knows* he shouldn't do it, yet tries to falsely reason his way out of it?

Ram asked:
>I am wondering what could happen to me if I released a FREE WARE that contains music that I'm not authorized to distribute.

Read this: http://www.sloperama.com/advice/faq61.htm

Also read
http://www.templetons.com/brad/copymyths.html.

It's number 2.

Quote: Original post by RamboPowPow
Hello,

I am wondering....

Just backing up what everyone else said. It doesn't matter if you make money or not. You would be in breach of copyright and they may sue for damages.

These threads always come down to: "I know this is wrong, but can I get away with it!?"

Laws aside, throwing other peoples' music into your own freeware without permission just isn't a very nice thing to do.

I think that you should consider actually asking the musicians for consent. Some may well refuse, but on the other hand you might be pleasantly surprised.

Canadian laws always seem to be a lot more lax than the US and Europe so maybe it's not so easy to sue you but if you distribute in other countries you must ad hear to the individual laws of that country.

You should first of contact the owner explaining how you plan to use it as I doubt you'll come under fair use. Provide them with full details but make it brief time is money to these people.

If they refuse you can try to create some music yourself there are plenty off tools to make this easy.

If that's to much work for you find something in the public domain. Oh and after a quick look no music is in the public domain in The US as the law was only amended in 1972 so everything prior to that is copyrighted from that date. Most countries however had actual copyright laws in place for sound recordings.

Damn it confusing releasing over the internet?

Aren't there plenty of people in here always offering free or cheap music?