7 replies to this topic

[newkill]

I know there's a pinned topic about copyrights, but I have two questions that don't seem to have been answered :

1. Let's say I create a game and distribute it freely. Everything in it is created by me, except the music. Let's say I took the music from a website where you can use it freely for personal project, but can't use for commercial purpose. Let's say I create a Trailer/Gameplay video about the game, but for the video, I only use one song that is not from the game and 100% free to use. Let's say the game gets a lot of attention and the video hits a lot of views. With Youtube it is possible to become a partner if you broadcast stuff that belongs to you, the creator, and make an income depending on the number of views. When asking to be a partner, Youtube asks if everything in the video belongs to the submitter. Everything in the video does belong to me since I did all the graphics, concepts etc. and the music in it is allowed to be used for anything without having permission or paying. But the music in the game showed in the video doesn't belong to me. Can I still answer "Yes" when asked if everything in the video belongs to me, and make profit from Youtube? Is it legal?

2. Even if a game is meant to be play for free, is it legal to get donations for a game that contains stuff that shouldn't be used for commercial purpose? Technically, a donation is not an income, but more like a bonus that the players gives to the creator directly as a mark of appreciation and encouragement. So is it correct?

[Dangerous_Dave]

0. Don't trust answers on a forum. If you have legal questions, consult a lawyer.

1. Youtube just don't want to get sued for copyright infringement, so as long as you have permission, and you can prove it, they wont mind. In fact, everything I Google states that to be a partner, youtube ask you to confirm that you have permission to use all content. All I can see is a notice like this (taken from the youtube partner's website)

Your video is not eligible if it contains content that you didn't create or get permission from its creator to use. You need to be able to show written permission for the following video elements:
Audio: recorded music, live performances, cover songs, background music, etc.
Visuals: images, logos, software, video game footage, etc.
Any other content you don't own worldwide commercial usage rights to.

If you are being paid through the youtube partner program for a video that contains someone else's music, this is not non-commercial use! Make sure you have explicit permission to use the music comercially.

2. It doesn't matter if it falls into some legal loophole or grey area, don't use non-commercial use in any way that may attract money to you. It may not be illegal, but it's not cool.

A lot of these sorts of things are donationware, asking for a donation if you receive money from it. If you expect people to give you donations as a "mark of appreciation and encouragement", please show the same respect for the authors of the content you're using, by making a donation to them, buying a commercial license, or respecting their wish that it not be used in commercial works.


Also, note that you should nearly always be able to contact the content authors directly. If you have queries about what you can and can't use their content for, ask them.

Edited by Dangerous_Dave, 12 June 2012 - 09:42 AM.

[smash ball]

First, read or recall statement 0. Then continue on with this post.

To answer question 1, get permission from the website to use in a YT partnership video. YT partnership allows you to use things you created or you have permission to use.

To answer question 2, I would still get permission from the website since the question can be highly debatable.

The bottom line is get permission if you aren't sure.

Edited by smash ball, 21 June 2012 - 04:04 PM.

[The Legend]

Jst get permission to use all pieces of music. Only safe way. THAT is an answer you can trust.

[Rusty]

1. Let's say I create a game and distribute it freely. Everything in it is created by me, except the music. Let's say I took the music from a website where you can use it freely for personal project, but can't use for commercial purpose. Let's say I create a Trailer/Gameplay video about the game, but for the video, I only use one song that is not from the game and 100% free to use. Let's say the game gets a lot of attention and the video hits a lot of views. With Youtube it is possible to become a partner if you broadcast stuff that belongs to you, the creator, and make an income depending on the number of views. When asking to be a partner, Youtube asks if everything in the video belongs to the submitter. Everything in the video does belong to me since I did all the graphics, concepts etc. and the music in it is allowed to be used for anything without having permission or paying. But the music in the game showed in the video doesn't belong to me. Can I still answer "Yes" when asked if everything in the video belongs to me, and make profit from Youtube? Is it legal?

Using a song for advertisement purposes (such as YouTube videos) falls under commercial usage. Since the site has not given you permission to use the music for commercial purposes, this is illegal.

2. Even if a game is meant to be play for free, is it legal to get donations for a game that contains stuff that shouldn't be used for commercial purpose? Technically, a donation is not an income, but more like a bonus that the players gives to the creator directly as a mark of appreciation and encouragement. So is it correct?

Getting donations for a project containing non-commercial copyrighted content is fine, as long as you do not sell the content, it is not being used commercially and therefore, legal.

[Dangerous_Dave]

Using a song for advertisement purposes (such as YouTube videos) falls under commercial usage. Since the site has not given you permission to use the music for commercial purposes, this is illegal.
...
Getting donations for a project containing non-commercial copyrighted content is fine, as long as you do not sell the content, it is not being used commercially and therefore, legal.

[citation needed]

You may be right, I'm not disagreeing with you, but if you're going to give such explicit legal advice, you should at least provide links supporting your statements.

[Rusty]

Definition of Commercial Use
That's pretty much the standing, legal definition of commercial use, so as long as you state that all donations go towards you (as a person) rather than the project containing copyrighted content, receive donations on your own account (rather than a Kickstart page which would be indirect income from the copyrighted content) then it's pretty much legal. Of course, the copyright owners could claim that you've gained from their content (you've gained in reputation which led to an increase in the amount you've been donated) which would again make it indirect income and therefore, a copyright offence.

[Dangerous_Dave]

Definition of Commercial Use
That's pretty much the standing, legal definition of commercial use, so as long as you state that all donations go towards you (as a person) rather than the project containing copyrighted content, receive donations on your own account (rather than a Kickstart page which would be indirect income from the copyrighted content) then it's pretty much legal. Of course, the copyright owners could claim that you've gained from their content (you've gained in reputation which led to an increase in the amount you've been donated) which would again make it indirect income and therefore, a copyright offence.

That link you've posted basically says if you have any chance of making a cent out of it, it's commercial. Even if it's "donations", it's still commercial.