Copyrighted Music in Mods?

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N0ught

Sergeant Knight at Arms
I wonder what the general policy is with using copyrighted music in mods? :???:

There are some particular songs I want to use for a particular mod I am working on, by a famous band, and I wonder how that would go when I finally release the mod...

Maybe I could use low-quality versions of the songs to get around the "distributing free copyrighted music is a no-no" factor? Maybe I could alter them to fade out prematurely? I'm not sure what the vagaries are here, but jumping through the hoops required to ask permission from the band seems a bit tedious - if any of you have ever tried to contact a famous band you know what I mean...

Anyway, if anyone here actually knows what the rules regarding something like this are, I wouldn't mind a little advice. I can do all the supposing about it myself - I need some facts on the matter. :wink:
 
I spent a while thinking about this same concept for my mod since I could really use some star wars music to improve the atmosphere.  However, I kept coming back to the same decision that I did not want to be distributing copyrighted music since that is something you can get in trouble for.  I also doubt that Janus wants you hosting a download that contains copyrighted music on the mbrepository, so you'd probably have to host it on a different site, etc.  I don't know the policy on editing it so that it sounds different, but right now the next release of my mod will probably contain very little music because its not worth taking the chance of getting in trouble in my opinion.
 
I also doubt that Janus wants you hosting a download that contains copyrighted music on the mbrepository

LOL. There already are at least few mods that use copyrighted music (from Enya, Riverdance, Jeremy Soule, some computer games...) without permission, and all I see is comments like  "wow, great music you have there in your mod". I can't say that I like that.
 
Legally speaking, no.  However, in user-created content outside of modding, it's an accepted convention.  If you look at works by the Heavengames websites, the scenario designers for all sorts of RTS games (I used to be one), you'd be hard pressed to find one that didn't include copyrighted music.  Yet it's accepted, not problems whatsoever. 

But for mods it's somewhat different.  Why?  I don't know. 

There are some composers that allow their work to be used in Mount & Blade mods, such as music from the Total War series has been allowed for use. 

And if you still want to use copyrighted music, I would think the best decision is to contact the composer and copyright holder and ask written permission.  If you tell them what you're doing and that you cannot make a profit, they typically won't have a problem. 

Then, forward their response to whatever admin wants to see it.  It sounds like a lot, but it could be worth it.  I certainly plan to take that route. 

I know what you mean about it being difficult, but it is possible. 
 
The bottom line is that it is illegal to distribute any media across any media with out the consent of the owning party.

You can do what you want in life, the choice is yours.
 
As jik said with the sole exception in the United States of using works for "fair use" purposes (reporting & satire).  So you can use copyrighted works to make fun of said works, hence the Daily Show doesn't need anyone's permission to use a Fox News segment, or a CNN piece, as long as they're making fun of them.  :wink:

Check this out: http://www.templetons.com/brad/copymyths.html
 
with film and game music in your mod it could be difficult since so many people own parts of that music. with a band it's pretty simple. contact the band via email. they will then speak with their management. and either say yes or no. if you promised them you would edit the tracks, cut them short or whatever, you would defiantly have a better chance of getting a yes answer.

i know of a mate who asked a  band and they and their management said yes, they even made a track for his mod. but they were not world famous, just a middle of the road band.

As a composer i am biased however, i would hate to have people just using my work without at least saying, "hey can i use your stuff in..." i would say yes, it's just nice knowing where your music is being used.
 
Barry_bon_Loyale said:
Legally speaking, no.  However, in user-created content outside of modding, it's an accepted convention.  If you look at works by the Heavengames websites, the scenario designers for all sorts of RTS games (I used to be one), you'd be hard pressed to find one that didn't include copyrighted music.  Yet it's accepted, not problems whatsoever.

Legally speaking... yes actually. As long as you are not gaining a financial benefit from using the music (aka, money from selling it) then it's acceptable. But once you start charging for the content that includes copyrighted music, there in lies the problem.

Now sites like Napster and whatnot have only been shut down because of the massive scope of their services. Users were able to transmit HUNDREDS and THOUSANDS of songs across the net with relative ease and it dealt a blow to the industries earnings.

But the single modder using it in a mod that a few dozen (maybe a hundred or more) might play... that wont be a problem. You'll need to factor in that the music contained in your mods wont be the whole song. You'll likely want to take portions of the songs to be used for an intro video, menu, loading screens, or battles (this is for any game).

Only one mod I know of was shut down due to using music in their mod and it was the approach they used (they supplied the entire soundtrack). They were only shut down by the hosted website, not the owner of the music.

So as I said... as long as you're not using the whole thing, then you shouldn't have any problem with it. As for the Star Wars modder above... you NEED that music in it. You're making a mod using the copyrighted Stormtroopers, and other film elements... why would you not have the most crucial element... the music? I hear that intro song and immediately I think of the entire film of troopers, blasters, X-Wings, TIE Fighters, etc. It can only benefit your project.
 
Lord Shields said:
Legally speaking... yes actually. As long as you are not gaining a financial benefit from using the music (aka, money from selling it) then it's acceptable. But once you start charging for the content that includes copyrighted music, there in lies the problem.
Ummm, NO.
"10 Big Myths about copyright explained" said:
2) "If I don't charge for it, it's not a violation."
    False. Whether you charge can affect the damages awarded in court, but that's main difference under the law. It's still a violation if you give it away -- and there can still be serious damages if you hurt the commercial value of the property. There is a USA exception for personal copying of music, which is not a violation, though courts seem to have said that doesn't include widescale anonymous personal copying as Napster. If the work has no commercial value, the violation is mostly technical and is unlikely to result in legal action. Fair use determinations (see below) do sometimes depend on the involvement of money.

So its still a violation, though the risk of being sued is low, and the penalties would be trivial.

However, as another poster said: its important to contact whomever's works you're taking and ask them.  Its simply the right thing to do.  If you don't, then you're violating the law and common decency.  You can obviously still choose that path, but don't fool yourself into believing it isn't somehow against the law.  It clearly is.
 
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