Not sure if this is the right place to post this, if not, by all means move it to the appropriate place. My question are: 1.) Is it legal to include an instrumental cover of a song in my game? eg. Theres a beach level in my game. Would it be legal to have the background music be the steel drum instrumental of Bob Marley's song "Jammin'", providing that I myself played and recorded it. 2.) Is there any difference in legality if the original artist is dead or alive? 3.) If it's not legal, would it be legal if I changed the song slightly? (say by adding something original to it or slightly modifying each measure) 4.) If none of that is legal, how would I go about doing it anyway (legally)? (who would I have to get permissions from, what are the proper paths to take, etc.) I'm asking this question so as not to infringe upon any copyright or IP laws....not to get around them. I have no problem asking for permissions or giving credit where credit is due. Although I would like to avoid asking permissions if possible - by modifying the song slightly or whatever it takes...so any information on that would be appreciated. (Simply because I feel it would be difficult to get permissions from a dead man, whoever was in charge would probably not allow it for an indie game, and this would basically be just to add background ambient music until I have time to compose my own, not to mention I'm not selling this game; It's strictly going to be for my portfolio) This question is being asked simply because I'm extremely ignorant when it comes to copyright / IP laws. I have seen and read either a forum post or an article on GD about copyrights but I can't seem to find it right now. So don't go bashing me about trying to avoid the laws or get around them. That's not my purpose. I'm not even to the point of adding the sounds into the game yet, nor do I have anything specific picked out. This is strictly for future reference so I know what directions I can go in when I get to that point. I was thinking when I get to that point I would add some reggae tunes (my game takes place in Jamaica) for the earlier release and then after all the kinks are ironed out and the game is seemingly bug free I would work on composing completely original tracks for the game for the official release. But before that I'm going to want to release the game to certain people for testing and such and I don't want to hand out a game with no background music. In my opinion, the lack of any background music would take away from the game's experience. Basically, I'm looking for any answers you guys could give me, or any guidance in what laws I should research. Again, my goal is to avoid breaking the law, not to get around it. Just seeing what my options are so when I get to that point I know which directions I can go in. ANY help, ANY at all would be appreciated as I've been having difficulty finding anything seemingly relevant to this situation. Thanks

Hi Owl,
You need to contact the music publisher and ask for a license to use the composition.
That's it. Look up the publisher. Check their website. Call on the phone.
Good luck.

1) no. You're still using the composition, which is protected by copyright, even if you're not using the original recording (sound recordings and musical compositions are protected individually under copyright)

2) Nope. If the writer owns the song, the copyrights pass to their estate/successors like any other property. Although typically artists will give up half or all of their copyright to a publisher who exploits the work (through licensing) and manages fee collection.

3) No. That's creating a derivative work and/or substantial use/reproduction of the original, which are exclusive rights held by the copyright owner.

4) For musical compositions (e.g., question #1) you can find publisher information at the following:

ASCAP
BMI
SOCAN (Canada)
SESAC

Contact the publisher and request synch license information. They are generally pretty easy to deal with and most have a pre-determined schedule of fees.

Since the Harry Fox Agency apparently ceased issuing synch licenses in 2002, you'll have to contact the record label who distributed the original recording to get a license to use that recording. Every major record label will have a copyright and licensing division.

Enjoy!

Thanks guys for the quick and helpful responses, I'll look into it. This forum really is a great asset to programmers and aspiring game developers.

yes it is.

Remember to ask yourself a very important question prior to contacting publishers/recording labels. How much are you willing to spend to include the music or how much can you afford? Because unless you have a significant music budget, Bob Marley might be way out of your price range. If you are looking for generic background music, I would look into music licensing services such as Rumblefish or simply record an original piece of music and loop it.