A question about music use

[Magic Kitsune]

I'm sure this has probably been asked before, but I can't find the topic.

I've been working on a visual novel game based on my webcomic. I've already finished most of the backgrounds and character figures, as well as a good deal of the story and a few CGs (though it's hush-hush, only a few people know).

However, I unfortunately have no musical talent whatsoever. Since the game is privately made and will be completely free, I thought it would be okay to use the background music from the soundtrack of an old Playstation game and just mention it in the credits. My thought process behind this was how people use copyrighted music in AMVs and other free for-fun projects.

Now I'm not so sure that's allowed. It'll be a shame to have to omit the music, since it fits so well, but I don't want to step on any toes.

[monele]

The thing is, AMVs with such music are also illegal . So it goes down to this : do you want your result to be completely legal? Do you want it to be added to the official VN websites? If so, don't use copyrighted music. Ask around for a musician who could do original pieces for you... or try to find free for use music.

If you don't care about being legal and being set up on official websites, then stay with what you have now.

[Magic Kitsune]

Hn, I thought as much X_x; My original intent was to just make it available on my own website, since it's pretty much a doujinshi game of my comic. I hadn't considered listing it on other sites. *sigh* That would be nice though...

I really don't want to cut out the music altogether. I guess if I can find someone willing to compose some for me or some free music that I like (I really just need some nice-sounding midis), then I would definitely prefer to do that...

[ShiraiJunichi]

Be sure to check the resources thread- http://lemmasoft.renai.us/forums/viewtopic.php?t=445

there's more free music out there than you might think

[Recca Phoenix]

I was wondering something else like this...

Let's say you had a MIDI of a "real" song, say a Beatles song.

Could you use this in your game with the proper crediting? 'Cause I know people use MIDIs like this on their websites, powerpoints, etc.

[NetGenSuperstar]

Let's say you had a MIDI of a "real" song, say a Beatles song.

Could you use this in your game with the proper crediting?

No. Especially not a Beatles song. Apple Records sued Apple Computer for making a computer that can play sounds. I doubt they'll let you reproduce their music.

Copying music in any way is illegal, unless the music was derived from public domain music, such as Beethoven's symphonies. There are also cases where a part of a song is public domain, but the rest is not. For example, Happy Birthday To You's lyrics are copyrighted, but the melody is not. So you can use the song if you make significant changes to the lyrics, or don't use any at all.

Music copyright law can get very confusing. The short and safe response to any questions would be:

1. No, you can't use it.
2. Creative Commons is your friend.

[DaFool]

You would want to be safe...

use the free music resources for something that sounds similar, or

ask for someone to compose something in the same likeness without blatantly ripping off the tune.

[Magic Kitsune]

Well, thank you for all your input...I guess I'll see if anyone is willing to compose for me or if I can do it myself...otherwise, I'll check out the public-domain...

[PrettySammy09]

Hmm...I've been thinking about this same exact topic when it comes to music.

Is it technically copy-right infringement if you use a part of a piece of media in a free work that earns no money whatsoever? And if so, does anyone actually care? That is, are these companies who own these songs actually going to mind if a piece of media is used without their permission? For example, anime music videos use media that is copyrighted but are distributed for free. Technically this is, yes, "illegal". But still, anime conventions everywhere have AMV contests where often representatives of certain companies that own these animes attend the convention. Not to mention that record companies aren't exactly tearing out their hair over AMVs and going on the news saying, "I want the anime loving public of America to stop making AMVs!"

And what about this whole "permission" thing? Just for grins and giggles, let's say that a person wrote a formal letter to a record company or a movie company or an anime distribution company asking for permission to use their media in his or her game. And, just for more grins and giggles, let's say the company said "yes, you may". Then, is it all right? You have written consent.

(I am not a lawyer, and I know little of copy-right infringement laws. Please, someone inform me if my logic is incorrect!)

[DaFool]

the issue has been debated extensively:

http://lemmasoft.renai.us/forums/viewtopic.php?t=1082

http://lemmasoft.renai.us/forums/viewtopic.php?t=1496

pls read especially the later replies.

In summary, I would stick with all royalty-free or all original. Thanks to that restriction for renai archives games, I was forced to start composing my own music and picked up another skill in the process.

[Jake]

Is it technically copy-right infringement if you use a part of a piece of media in a free work that earns no money whatsoever? And if so, does anyone actually care?

...and think about it from the other angle - music companies have been suing people for the last, what, eight years or so for uploading music on file-sharing networks, none of those people were getting paid for it. People certainly care.

[NetGenSuperstar]

Not to mention that record companies aren't exactly tearing out their hair over AMVs and going on the news saying, "I want the anime loving public of America to stop making AMVs!"

I happen to remember the "Music Videos" section of a Sonic the Hedgehog fansite being shut down by the RIAA for that very reason. Yes, it bothers them.