You take the music out of your game, then YOU sue the person who sold you the music. That is why I'm constantly stressing contracts. Most of them include a clause to the effect of - "I swear this asset is my own original creation". You can show the notarized contract to the judge and get the case against you dismissed, since you are just as much a victim as the copyright holder the person you paid ripped off. The music still has to be removed from all copies of your game, but you should avoid having to pay monetary damages.LVUER wrote:While we're speaking about copyrighted assets. How's if you pay someone to make original music or sound effects for you, and you use it for your own original commercial game, but then suddenly someone sue you for using copyrighted music (THAT music) in your game.
If you don't have a contract? It makes it hard to prove you didn't know the work was stolen. The thief you paid can say you knew all along the music was stolen and didn't care. Or the more likely scenario is he will simply disappear, leaving you holding the bag. You'll be left to feebly tell the courts that a bad man did it, but you don't know his name and his email and Paypal account have been cancelled. Your defense then essentially becomes, "The Bogeyman did it." You'll be responsible for all monetary damages at that point - EVEN IF THE COURT BELIEVES YOU. Because your actions will be deemed negligent due to not acting with due caution in your business dealings.
In short, make sure the people you do business with aren't criminals.
Standard Disclaimer: None of the advice in this post is intended as legal counsel.
