Copyrighted music use in VNs and Otomes?

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MiyuTsunDereDere
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Copyrighted music use in VNs and Otomes?

#1 Post by MiyuTsunDereDere »

Hi--<: So I'm still new to making VNs and Otomes and am currently working on one using ren'py<3 I was just wondering; Using copyrighted music without any form of permission is illegal, though is it possible to use music for VNs or Otomes which are commercial? As in, ones where people must pay to play or did I just answer my own question? ; u ;

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Re: Copyrighted music use in VNs and Otomes?

#2 Post by Darkmoonfire »

Using copyrighted music without permission is illegal, regardless of whether the game is commercial or not.
Some music which is available for free can be used for commercial games, and some can't. You should check out the license by which it was released.

I hope this answers your question.

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Re: Copyrighted music use in VNs and Otomes?

#3 Post by notimportantprs »

Actually, I also have a similar question - what about covers of licensed music? For example, there are many covers of popular songs on Youtube where it would be possible to contact the artist and ask for permission to use the cover. However, it technically still comes from a licensed song, so I'm not sure about the copyright laws concerning that issue. Any advice?

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Re: Copyrighted music use in VNs and Otomes?

#4 Post by fleet »

notimportantprs wrote:Actually, I also have a similar question - what about covers of licensed music? For example, there are many covers of popular songs on Youtube where it would be possible to contact the artist and ask for permission to use the cover. However, it technically still comes from a licensed song, so I'm not sure about the copyright laws concerning that issue. Any advice?

I am not a lawyer.
You'd need both the performer and composer permission. See post at this link http://lemmasoft.renai.us/forums/viewto ... 07#p284007
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Re: Copyrighted music use in VNs and Otomes?

#5 Post by Green Glasses Girl »

I actually have a related question on this. What about VN trailers? Could you use copyrighted music for that, sort of like a MAD or AMV where the music is credited? I've seen it done, but I'm wondering if that is frowned upon or not.
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Re: Copyrighted music use in VNs and Otomes?

#6 Post by LateWhiteRabbit »

Green Glasses Girl wrote:I actually have a related question on this. What about VN trailers? Could you use copyrighted music for that, sort of like a MAD or AMV where the music is credited? I've seen it done, but I'm wondering if that is frowned upon or not.
Still illegal. ESPECIALLY for a commercial VN. So, yeah, frowned upon.

Basically, you need permission from the copyright holder anytime you use music. For anything. It is technically illegal to play your music cds for a gathering of people at a party without permission from the copyright holder or licensing. Because that might count as a public performance of unlicensed music. :roll:

Look at it this way, using music without permission in your game or trailer is just as bad as taking someone else's art or sprites without permission and using them in your game or trailer.

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Re: Copyrighted music use in VNs and Otomes?

#7 Post by netravelr »

Don't use anything that you do not have the rights to, especially if it's commercial.

That being said, it is really easy to get good music for your project at not too terrible of a cost. Take a look at the credits to games similar to yours, like http://freesound.org/ for sound effects and who did music for their projects. Also, there tends to be a few composers who hang around the forums here, some of which want to give their music for free, but if your game is commercial it's usually worth it to spring for it.

Good luck!
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Re: Copyrighted music use in VNs and Otomes?

#8 Post by PyTom »

LateWhiteRabbit wrote:Basically, you need permission from the copyright holder anytime you use music. For anything. It is technically illegal to play your music cds for a gathering of people at a party without permission from the copyright holder or licensing. Because that might count as a public performance of unlicensed music. :roll:
Actually, this isn't true. This case is specifically allowed by copyright law.
17 USC 110 wrote: Notwithstanding the provisions of section 106, the following are not infringements of copyright:
...
(4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if—

(A) there is no direct or indirect admission charge; or
...
Sorry, but one of my pet peeves is the expansion of copyright law by innuendo, to make it much bigger than the mess it already is. So I feel like I have to speak up when someone does that.

This doesn't change the fundamental thing, which is that use of copyrighted music in vns and vn trailers isn't allowed under current law.
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Re: Copyrighted music use in VNs and Otomes?

#9 Post by LateWhiteRabbit »

PyTom wrote:
LateWhiteRabbit wrote:Basically, you need permission from the copyright holder anytime you use music. For anything. It is technically illegal to play your music cds for a gathering of people at a party without permission from the copyright holder or licensing. Because that might count as a public performance of unlicensed music. :roll:
Actually, this isn't true. This case is specifically allowed by copyright law.
17 USC 110 wrote: Notwithstanding the provisions of section 106, the following are not infringements of copyright:
...
(4) performance of a nondramatic literary or musical work otherwise than in a transmission to the public, without any purpose of direct or indirect commercial advantage and without payment of any fee or other compensation for the performance to any of its performers, promoters, or organizers, if—

(A) there is no direct or indirect admission charge; or
...
Sorry, but one of my pet peeves is the expansion of copyright law by innuendo, to make it much bigger than the mess it already is. So I feel like I have to speak up when someone does that.

This doesn't change the fundamental thing, which is that use of copyrighted music in vns and vn trailers isn't allowed under current law.
You're right, PyTom, but the RIAA has specifically sued people playing music at parties that was unlicensed, by draconian expansion of those clauses you mentioned when the party happened to be held in rented businesses, or on commercial property, after hours or not. (Whether or not they'll win those court cases or not, nobody needs a lawsuit.) The RIAA already expands copyright law by innuendo - so the point of my example is that you shouldn't even flirt with getting too close to the line, let alone stepping over it with music.

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Re: Copyrighted music use in VNs and Otomes?

#10 Post by MiyuTsunDereDere »

Ah, alright! thanks for the insight! But let's say someone wasn't willing to spend money on a composer or go through the tedious process of getting the approval of the producers of the copyrighted music; so would you be able to just go to a website such as http://audionautix.com/index.php and just use their music as it says "No Fees. No ©opyright Hassles. Incredibly Free."? or would something like that not be acceptable/you'd still have to earn approval from each individual composer?

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Re: Copyrighted music use in VNs and Otomes?

#11 Post by Darkmoonfire »

Well at the bottom of the page it says that it's released under a Creative Commons Attribution 3.0, which means that you are free to do what ever you want with the music assuming you properly credit the source. As long as you link to the website or say "music by audionautix.com", it should be fine.

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Re: Copyrighted music use in VNs and Otomes?

#12 Post by Rinima »

What if you do a cover of the music? Like the people on YouTube?
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Re: Copyrighted music use in VNs and Otomes?

#13 Post by Asceai »

Rinima wrote:What if you do a cover of the music? Like the people on YouTube?
http://www.straightdope.com/columns/rea ... elses-song

(the answer is 'yes, although you can do it even if you don't have permission; it's just going to cost you money')

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