1:
As far as I know you cant use someone elses music/sounds in your game even if the game is free. ....correct me if Im wrong. But lets say you put up a gameplay video of your game on Youtube or your website with some music thats not yours and not "free" ....is that illegal too?

2:
Wheres the point where you can no longer use software that you didint pay for? What if you are selling games but you are not a registered "company" or anything yet?

Thanks a lot!

1:
As far as I know you cant use someone elses music/sounds in your game even if the game is free. ....correct me if Im wrong. But lets say you put up a gameplay video of your game on Youtube or your website with some music thats not yours and not "free" ....is that illegal too?

2:
Wheres the point where you can no longer use software that you didint pay for? What if you are selling games but you are not a registered "company" or anything yet?

Thanks a lot!

1. Yes that is also illegal. (Youtube removes such videos as soon as the copyrightholder complains about it). Normally the copyright holders stop at getting the videos taken down, but they can also go after the uploader if they really want to. (Which means you could get dragged to court over it)

2. You can never use software that you don't have a valid license for, The risk of getting caught increases if you draw attention to yourself, There is plenty of high quality free software you can use so there is no reason at all to risk getting sued or worse, ending up in jail. (Just keep in mind that some software is only free for non commercial use, always make sure you follow the license)

1. Yes that is also illegal. (Youtube removes such videos as soon as the copyrightholder complains about it). Normally the copyright holders stop at getting the videos taken down, but they can also go after the uploader if they really want to. (Which means you could get dragged to court over it)

Thats tough...
What if you state it clearly(under the vid or in the vid) that the game doesnt contain that music(and the music is not yours etc), you only used it for the gameplay video? Does it make a difference?
Or if you play someone elses game or youve just made a tutorial?(I know countless people are doing that but they dont do any business and dont even have their real name there)
Thanks!

[quote name='SimonForsman' timestamp='1346887080' post='4977014']
1. Yes that is also illegal. (Youtube removes such videos as soon as the copyrightholder complains about it). Normally the copyright holders stop at getting the videos taken down, but they can also go after the uploader if they really want to. (Which means you could get dragged to court over it)

Thats tough...
What if you state it clearly(under the vid or in the vid) that the game doesnt contain that music(and the music is not yours etc), you only used it for the gameplay video? Does it make a difference?
Or if you play someone elses game or youve just made a tutorial?(I know countless people are doing that but they dont do any business and dont even have their real name there)
Thanks!
[/quote]

That is entierly up to the copyrightholder, from a strictly legal point of view uploading a video containing a copyrighted song on youtube is no different than sharing the song on the pirate bay.

What if you state it clearly(under the vid or in the vid) that the game doesnt contain that music(and the music is not yours etc), you only used it for the gameplay video? Does it make a difference?

You made the video, as well as the game. As such, you are just as responsible for any content the video contains.

It doesn't matter if you aren't earning money, it doesn't matter if you're a business, and posting a notice that you don't own it doesn't make it any less illegal.

The only way you can legally use existing music is if you have the proper written permission of the copyright holder, or if they have explicitly published the music with a licence that says your usage is acceptable. Even music that is now in the public domain (old Classical music for example) can be risky, as many recordings are covered by copyright even though the music itself is not.


If you use any music without permission for any purpose, then you run the risk of having your content taken down, receiving a cease & desist notice, and possibly being taken to court.
It's very likely your video might be taken down if it becomes popular and comes to the attention of the copyright holder.
A cease & desist would be unusual in such a case, but may be issued if you persisted in trying to re-upload or otherwise share the video.
You probably won't be taken to court unless you really annoy the copyright holder -- associating their music with something terrible for example -- but you would almost certainly lose if you were -- do you really want to take that risk?


Record your own music, look for recordings that have explicitly been placed in the public domain, ask permission to use a song (try local bands who are just getting established for higher chances!), or pay for music. There are plenty of options that don't risk legal action.

Record your own music, look for recordings that have explicitly been placed in the public domain, ask permission to use a song (try local bands who are just getting established for higher chances!), or pay for music. There are plenty of options that don't risk legal action.

As for recording your own music, if you suck at composing there are tons of old compositions you can use legally these days, Anything by mozart or bethoven for example is in the public domain(and of high quality) so all you need to make your own decent sounding recordings is a cheap synthesizer and a bit of time.

Thanks for the answers!

As for recording your own music, if you suck at composing there are tons of old compositions you can use legally these days, Anything by mozart or bethoven for example is in the public domain(and of high quality) so all you need to make your own decent sounding recordings is a cheap synthesizer and a bit of time.

....what if you use a program or some online tool for mixing? Like DanceEjay or http://www.ambient-mixer.com/ The stuff you create with them is then completely yours(even if you mixed it from sounds that are not yours)?

from a strictly legal point of view uploading a video containing a copyrighted song on youtube is no different than sharing the song on the pirate bay.

....yes but almost every song is already uploaded to YouTube as "official music video". Thats why I thought stating "I dont own this song bla-bla" could save me.

If you use any music without permission for any purpose, then you run the risk of having your content taken down, receiving a cease & desist notice, and possibly being taken to court.

Isnt there something that you can use 10 seconds(or so) from any song a video? I guess I read it somewhere...

No, that rule of "10 seconds", "6 seconds", 5%", and other variations is a myth: there is no particular amount that is ok to use without permission.

There was a case where just 6 words from an entire speech were ruled to be a violation of copyright.

....what if you use a program or some online tool for mixing? Like DanceEjay or http://www.ambient-mixer.com/ The stuff you create with them is then completely yours(even if you mixed it from sounds that are not yours)?[/quote]

Many of these programs have limitations that what you create is for "personal use only,' though some allow unlimited use. The only way to know for sure is to read the EULA (that thing you probably clicked "I accept" to, but never bothered to read) and see if there are any restrictions.

Sorry, but the bottom line is that unless you have a license to music, you can not use it. jbadams is spot on. There are no 'loopholes'.

Find a local band, or pay a small amount for "library music" (pre-written music that can be gotten pretty cheaply online).

Thanks! I accept the facts ...I just wanted to know them clearly.