Music Copyright Question (serious)

[meowworkstm]

Does anyone know if I can use "Sakura Kiss" from Ouran High School Host Club (or any other meme song/covers) in my free/personal visual novel?

I initially created the vn as a joke but I thought it'd be fun to publish it, but I'm almost certain about half the songs have some kind of copyright. I usually check to see if something is under the creative commons (or mentions it) but I was wondering if making the game free and closed to donations would negate this somehow?

[fleet]

Standard disclaimer: I am not a lawyer. For valid legal advice contact an attorney where you live.

Making the game free and closed to donations does NOT allow you to use copyrighted music, unless the owner of the copyright gives you permission.

Potential consequences of getting caught could range from: nothing, to getting a 'take down' notice, to being sued in court for royalties and damages.

Given the amount of music with a creative commons license available that can be used legally for free , If it were me, I'd not use music from a TV series, even if the odds of getting caught are small.

[meowworkstm]

Thank you for the detailed answer!

[Tremarl]

You cannot use copyrighted music without a license.

However, most meme's and other internets fads largely ignore copyright rules with impunity, because its difficult to identify who breached the copyright, and even then there isn't much value in litigating against them.