Using other people's stuff

kantor_98 · Tue 19/12/2006 07:42:38

It is legall to use music as:
1.Clasic musicians (Bach, Beethoven, etc ) ?
2. Actual bands (Nightwish, Beatles, Queen, etc )?
What if I convert their songs in midi format ?

SSH · Tue 19/12/2006 08:00:45

There are copyrights on performances and on the music. Classical music will be public domain, but the performances of it may not be. Modern bands will still be in copyright for both music and performance.

If you make your own midis of classic music, fine. But the music is still copyright of, e.g. Queen even if you made the midi yourself.

scotch · Tue 19/12/2006 09:47:06

If you look around you can probably find many classical performances in the public domain, or under licenses that allow you to use them in your AGS games, that's usually not the case for music created after the 1920s however.

SSH · Tue 19/12/2006 10:16:58

archive.org has a collection of beautiful, free performances like this relaxing piece, supposedly by Bach...?

http://ia300138.us.archive.org/2/items/rive044/rive044-01-aodl-bachspring_64kb.mp3

Ali · Tue 19/12/2006 11:07:37

Don't forget traditional music. You can always make your own midi 'House of the Rising Sun' or 'Scarborough Fair' without getting on the wrong side of the law. Eveyone likes folk music!

Quote from: scotch on Tue 19/12/2006 09:47:06
If you look around you can probably find many classical performances in the public domain, or under licenses that allow you to use them in your AGS games, that's usually not the case for music created after the 1920s however.

Bah, there's no good music after the 1920s!

Erenan · Tue 19/12/2006 18:05:44

What?! You don't like Barry Manilow?! :o

lo_res_man · Tue 19/12/2006 20:00:08

Quote from: Ali on Tue 19/12/2006 11:07:37
Don't forget traditional music. You can always make your own midi 'House of the Rising Sun' or 'Scarborough Fair' without getting on the wrong side of the law. Eveyone likes folk music!

As well, I think "10,000 miles" counts as traditional.

JimHejl · Thu 21/12/2006 16:21:09

It comes down to "fair use"

http://www.eff.org/cafe/gross1.html

Converting to MIDI is a profound format change -- and should be safe.

Ali · Fri 22/12/2006 13:47:23

I'm certainly no expert, but I think a midi version of a pop song in a non-commercial game would fail to tick at least the second and third boxes for fair use:

Quote1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes -- Courts are more likely to find fair use where the use is for noncommercial purposes.

2. The nature of the copyrighted work -- A particular use is more likely to be fair where the copied work is factual rather than creative.

3. The amount and substantiality of the portion used in relation to the copyrighted work as a whole -- A court will balance this factor toward a finding of fair use where the amount taken is small or insignificant in proportion to the overall work.

4. The effect of the use upon the potential market for or value of the copyrighted work -- If the court finds the newly created work is not a substitute product for the copyrighted work, it will be more likely to weigh this factor in favor of fair use.