Topic: I have a question about using copyrighted music in games.

[Janos Ekdahl]

I am in the process of creating my first game, and am almost done writing the story. However, there is a piece of music I know that would fit perfectly with one of the scenes, but I'm worried about using it. I want to insert a 5-10 second clip into the game, and give credit to the musician. Do you think, ethics aside, that this would result in any problems? I already know the most likely outcome, but I wanted other opinions.

[miguel]

Legally you can't distribute any copyrighted material, you know that. I've always used copyrighted music on my games and most of the time I thought I was doing the authors a great favour, since none of it was main-stream hits.
Anyway, it's not cool to use music that belongs to others, even if it's old stuff that nobody ever heard of.
Also, some people will rightly tell you that there are some music artists around the forum that will collaborate with you if they find your project interesting.
With all this said, I've done it and people will carry on doing it, but it's always best to have original stuff and people will respect your work for it.

[Janos Ekdahl]

I figured I would get that response. Do you think I would be able to get someone to cover the song? All I would need is a recreation of the piano intro.

[Radiant]

You could make a case for 5-10 seconds being Fair Use, and thus allowed.

Also, have you considered contacting the musician? Or is he too famous for that?

[miguel]

Check the "offer your services" thread. Contact the musicians and explain what you have in mind.

[Janos Ekdahl]

You could make a case for 5-10 seconds being Fair Use, and thus allowed.

Also, have you considered contacting the musician? Or is he too famous for that?

He is a popular independent musician named Daniel Johnston. He's released several albums, and I believe a documentary has even been made about his life. The funny thing is that he doesn't own a computer.

[Janos Ekdahl]

Check the "offer your services" thread. Contact the musicians and explain what you have in mind.

I might consider doing that, though I think I'll wait until I have something tangible to show for my efforts.

[Radiant]

If he's Indie, then there's a pretty good chance he'll allow this.

[Janos Ekdahl]

If he's Indie, then there's a pretty good chance he'll allow this.

To be a realist, I doubt it. His label has some other fairly notable musicians, and his work has been featured in a few commercials.

[Mods]

You'll be alright. Fair Use will cover you very well for 5-10 seconds worth. Best not to sell your game with it in though.

[slasher]

With so much royalty free music around (or for a very small charge or you can buy royalty free music CD's) why bother using someone else's stuff without consent?

Having said that, I have been guilty in the past.

[Paul Franzen]

Second asking around in the Recruitment forum. If you show people the scene and the song, they'll know exactly what you're looking for, and they might be able to reproduce the feeling of the song without outright ripping it off.

[SSH]

Just remember, many European countries don't have the "fair use" concept: its mainly an American thing.

[Janos Ekdahl]

You'll be alright. Fair Use will cover you very well for 5-10 seconds worth. Best not to sell your game with it in though.

I certainly wouldn't plan on commercializing my first game. I would hope something like that applies to this.

With so much royalty free music around (or for a very small charge or you can buy royalty free music CD's) why bother using someone else's stuff without consent?

Having said that, I have been guilty in the past.

The problem with this is that, not to imply anything of others, but I always take soundtracks seriously. I really want songs that tie in with the themes of the game and also help enhance certain scenes without feeling manipulative.

Second asking around in the Recruitment forum. If you show people the scene and the song, they'll know exactly what you're looking for, and they might be able to reproduce the feeling of the song without outright ripping it off.

I already said that I would consider that, but not until I had something to show people.
<a href="http://www.youtube.com/v/KBNz3mL9-Kg&fs=1" target="_blank" class="new_win">http://www.youtube.com/v/KBNz3mL9-Kg&fs=1</a>
In case anyone is wondering, that is the song.

Just remember, many European countries don't have the "fair use" concept: its mainly an American thing.

Wishful thinking, I guess.

[Peder Johnsen+]

Maybe one of these:

To license Daniels music including:

license music in film, audio
license covers of Daniel's music
to obtain waivers or other permissions
Primary Wave Music Publishing
Devin Lasker

www.PrimaryWaveMusic.com
275 Madison Ave Suite 1905
New York City, NY 10016
(212) 661-6990

====
 OR
====

For all other inquiries

including:
use of photos, art or music
live appearances
interviews
sync licenses, copyright inquiries
general questions

Contact Daniel's brother, Dick Johnston

Dick Johnston
6117 Magnolia
Katy, Texas 77493

====

Taken from "his" website:
http://www.hihowareyou.com/contact

Worth a shot?

[Janos Ekdahl]

In response to Peder, I had looked it up, but I get the feeling getting a license from the company wouldn't be an inexpensive decision.

[Trapezoid]

Take into consideration how popular you realistically expect your game to be, and whether you want to release it as a free download or charge money. If this game is something you're mainly doing for fun and learning experience, like the vast majority of AGS games are, I'd say just stick it in there with credit and don't worry about it. If your aspirations are a little greater than that, or the game's something you'd like to have in your professional portfolio, then definitely license, commission, or seek out free music.

[Janos Ekdahl]

Take into consideration how popular you realistically expect your game to be, and whether you want to release it as a free download or charge money. If this game is something you're mainly doing for fun and learning experience, like the vast majority of AGS games are, I'd say just stick it in there with credit and don't worry about it. If your aspirations are a little greater than that, or the game's something you'd like to have in your professional portfolio, then definitely license, commission, or seek out free music.

In response to your question, I would say this project is not something I am doing just for fun or experience. While this is the first game I have ever planned to make, I have lofty, though hopefully not unattainable, expectations for the outcome. I would not say I have any intentions to commercialize it though, as it is still my first game, and a lot of the subject material is semi-autobiographical and contains varied and overarching themes. I would feel guilty about trying to monetize as my main purpose would be to provoke interest and hopefully instigate thought about the ideas presented within.

[Armageddon]

If you're not making money just give credit to the author, that is all case closed.