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FPSC Classic Product Chat / Copyrighted music in our games?

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Chris Redfield 2008
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Posted: 3rd Oct 2007 08:11
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Is it possible to use music from famous bands like Metallica and Ozzy Osbourne in our game levels? Or is their "bit rate" too high? Has anyone tried this before and succeded? Just thought I'd put it out there...

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TGPEG
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Posted: 3rd Oct 2007 09:31
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You'd have to write them a letter first and get formal written permission to use their music in your game.

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Reality Forgotten
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Posted: 3rd Oct 2007 10:12
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Licensing a song can be quite costly and hard to attain. First you have to find out who owns the copywrite for a song. Normally it is not by the band that wrote the song.

I went through the ordeal a few months back and here is what I had to do.

I contacted John of Iced Earth and he in turn directed me to century family media, The person I spoke with assured me that I could license the song and that it would cost around 5 cents per song per unit sold. Not a bad deal if you ask me, here's the catch though; I was required to sign a contract licensing 5000 which turned out to be a thousand dollar investment. A bit pricey for small timers like ourselves. Now the use of the copywrited material is not allowed for private use simply because it violates the copywrite (the whole can not be reproduced for any purpose at all clause).

The problem with it is you are still distributing the material. and that is in turn against the copywrite. You would be hard pressed to license a major labels or even an indie labels bands music for non commercial use. You might be able to get permission to use a song or two if the cause is for a charity or somethignelse of that nature.


I hope this helped.

Cheers,
Dave


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Ertlov
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Posted: 3rd Oct 2007 10:41
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If you don`t distribute it, what means that you do not distribute the game to the public (even if its free), it`s allright, but it would restrict you to play the game only yourself or to share it only with your relatives and closest friends.

However, if the Band is not world-famous, just a lokal or regional player, you may contact the label and ask them for the permission / license, AND if you suggest that you`ll promote their music, website and so, you`ll most likely get it for free.

Three of the bands contributing to the soundtrack have commercial releases, one of them even a signed contract with a commercial label, and they all gave the license away for free, but we had to give them 2 copies each and to add their names to credits and manual.

BTW: 5 cent per copy sold is extremely cheap for a woeldwide playing famous band!

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Cyborg ART
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Posted: 3rd Oct 2007 15:30
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Are you able to play songs from Mozart and Beethoven?
Or are those copyright to someone?

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Storm 6000
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Posted: 3rd Oct 2007 15:39
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Quote: "Are you able to play songs from Mozart and Beethoven?
Or are those copyright to someone?
"


lol copyright last like 100 years after death I believe but thats a guess from information i read a logn time ago check it out with google or something

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Adam
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Ertlov
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Posted: 3rd Oct 2007 16:44
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Quote: "Are you able to play songs from Mozart and Beethoven?
Or are those copyright to someone?"


Yes you are, but the problem is most likely that the recording itself is copyright-protected. So if you take CD from the Boston Philharmony, you`re in troubles.

We had marches and the famous "Lilli Marleen" song in Anderson, and that was legal, because both the recording AND the composing was so old that the copyright was perished.

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Reality Forgotten
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Posted: 3rd Oct 2007 18:44
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Quote: "However, if the Band is not world-famous, just a lokal or regional player, you may contact the label and ask them for the permission / license, AND if you suggest that you`ll promote their music, website and so, you`ll most likely get it for free."


unlikely to happen with a major label. Maybe an indie but not a major label act.

Quote: "If you don`t distribute it, what means that you do not distribute the game to the public (even if its free), it`s allright, but it would restrict you to play the game only yourself or to share it only with your relatives and closest friends."


Not a correct statement. Distribution without consent is still in violation.

Quote: "5 cent per copy sold is extremely cheap for a woeldwide playing famous band!"


Might be cheap but for a community that complain about 12 quid for a program i would say it's very expensive.

Quote: "Yes you are, but the problem is most likely that the recording itself is copyright-protected. So if you take CD from the Boston Philharmony, you`re in troubles."


The cool thing about classical music is it has all passed in to public domain. There are copywrites and they can get a little tricky. Here is an example of a copywrite scheme for classical music.


5 songs from 5 different composers, their work has long since slipped in to public domain. ABC record company decides it is going to make a compilation. They take the five songs and orders them like so so, A,D,C,B and E. Then they copywrite the compilation. Now the original songs do not hold a copywrite but the compilation does. so if you create a CD with the same 5 songs and you order the songs A,D,C,B and E then you have infringed on the copywrite for the composition and not the music since the music is in public domain.

I hope that helped someone. The best thing to remember and probably the best practice is to not use any media that has a copywrite. If the music assocation is taking down guitar tab sites (regardless of use ie .com, .org, .edu etc) then imagine what they will do to someone who is blatantly infringing on a copywrite.


Cheers,
Dave


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rolfy
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Posted: 3rd Oct 2007 18:56 Edited at: 3rd Oct 2007 19:02
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Quote: "The cool thing about classical music is it has all passed in to public domain."

This is true but as Ertlov pointed out the mechanical copyrights (the recordings) are owned by the producers,so the only way to use older classical music is to perform and record them yourself.
Unless,as he stated the recordings themselves are so old the copyrights to these have perished.

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Reality Forgotten
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Posted: 3rd Oct 2007 23:45
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Quote: "This is true but as Ertlov pointed out the mechanical copyrights (the recordings) are owned by the producers,so the only way to use older classical music is to perform and record them yourself.
Unless,as he stated the recordings themselves are so old the copyrights to these have perished."


Agreed, though what I did was give an example of one type of copyright option for classical music. It also depends on the originating country of the composer.

finding recordings of classical music that pre-date 1954 can be a simple task. just browse through your grandparents or parents christmas record collection or pop down to your local library or thrift shop to see what records they have.

When dealing with historical items your best bet is to contact your historical society for information pertaining to copyright, availability and background information when dealing with items of social and or historical value.

* I sure did misspell Copyright a lot.


Cheers,
Dave


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Jeremiah
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Posted: 3rd Oct 2007 23:52 Edited at: 4th Oct 2007 16:32
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If you are giving the games away, all they can do is tell you to stop. They could try suing you, but unless you are a person of means all they will accomplish is looking like REMOVED.

But, if you sell one of those games even for a nickel that same group can come after you with the force of an atom bomb and screw you over for the rest of your natural life.
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Posted: 4th Oct 2007 00:25 Edited at: 4th Oct 2007 16:33
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Quote: "If you are giving the games away, all they can do is tell you to stop. They could try suing you, but unless you are a person of means all they will accomplish is looking like REMOVED.
"


So if you are not worth suing than it makes it ok? Makes ya wonder doesn't it?

Quote: "But, if you sell one of those games even for a nickel that same group can come after you with the force of an atom bomb and screw you over for the rest of your natural life."


They can come at you regardless if you are selling or giving the product away. I have always hated that let's see how far we can push it mentality. there are laws that have been written for a reason many of which are clear black and white lines. Why not stay with in those lines?

Cheers,
Dave


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rolfy
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Posted: 4th Oct 2007 00:28 Edited at: 4th Oct 2007 16:34
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Quote: "If you are giving the games away, all they can do is tell you to stop. They could try suing you, but unless you are a person of means all they will accomplish is looking like REMOVED."

Oh well it must be o.k. then.

The upshot is no,you cant use Metallica or Ozzy Osbourne songs in your game.

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Storm 6000
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Posted: 4th Oct 2007 15:20 Edited at: 4th Oct 2007 16:34
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Metallica will sue your REMOVED personally

Thanks
Adam
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Jeremiah
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Posted: 4th Oct 2007 16:22 Edited at: 4th Oct 2007 16:23
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Guys I wasn't advocating using stolen media. I was just saying they wouldn't do anything about it.
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KeithC
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Posted: 4th Oct 2007 16:35
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Please refrain from swearing (even with symbols) or quoting a profanity; as it violates the AUP.

-Keith



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Ertlov
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Posted: 4th Oct 2007 20:09
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There are artists that are giving away the music for free if you ask them, at least I know that I read an artivle about Trent Reznor (Nine Inch Nails) doing that.

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Accoun
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Posted: 4th Oct 2007 23:26
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Quote: "Trent Reznor (Nine Inch Nails) doing that."

And I've heard Linkin Park allows you to download some of the songs from P2P etc... if you can't find it in ashop or sth like that.

Make games, not war.

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