To clarify, is it okay to use my own (hand-played) piano music of a popular song in my video game? Will it depend on the song, whether or not the game is free, length of the playing, variations in the playing, etc?
Thanks for any help!
No, songs are copyrighted. You need to get permission no matter what you’re using it for.
–Eric
So even if one were to do like a 10 seconds playing of a popular music for a parody effect, it’s a no no? The reason I asked the original question was to see where the line lies.
Parody has some protection, but you still need to speak with a lawyer in person.
In 1981, Men at Work released a 3 minute, 42 second hit entitled “Land Down Under”. In 2009 they were successfully sued for millions because their flute played a 3-second section (five times) of a popular Australian folk song (written way back in 1920). As JRavey says, there’s some protection for parody, but tread carefully.
Kookaburra (song)
Land Down Under (song):
28 years after the initial song was recorded and long after the original copyright holder died,a corporation sued Men at Work to milk things a bit.
Bottomline, these things often make no sense, if they are valid or not also depends in which part of the world you’re living. If you won’t be successful, no one will care about it but if you make some money and noise, chances increase that you’ll run into problems. Mr. Adams sent the lawyers to the right place.
If you already play the piano - I say - be brave and create something new .
I’m certain you’ll be better off in the long run.
As to Copyrights, etc. There are lots of different protections and loopholes. It’s complicated and it changes from country to country and if you have the $'s I’d go with a lawyer.
talk to a lawyer dont go by what anyone but a lawyer says on this because they will be the only ones who know for sure
I worked with 14 lawyers in 2002 - 2004. Not one of them could pass the 1896 Kansas grade 8 exam.
http://people.moreheadstate.edu/fs/w.willis/eighthgrade.html
If I play a 1-4-5 12 bar blues arrangement in A minor is BB King or Stevie Ray Vaughn's estate going to sue me for using that arrangement? If I use a 1-minor3-4 in E arrangement is Jimi Hendrix' estate going to sue me? If I copy "Purple Haze" and keep the lyrics..well yeah.. slamming some chords in a similar way and using a giddyup metal double kick drum.. Bring it on lawyer clown. You will pay court costs and damages. Bottom line. Self styled creativity rules the day. Don't pay a lawyer if you don't have to. Any style can be intimated without outright copying and still be quite able to allude to the original material. One can use Logic Audio loops to create a John Williams styled symphonic film score arrangement without stepping on anyones toes and if they did try they would be laughed at for basically suing Apple Loops..meaning WTF is their crap worth if a loop app can "recreate" their supposedly incomparable talent.
Note how they handled this clip and the logos etc… If you do think you are going to violate copyrights due to the manner you are using it in, ask yourself…do I need to pay somebody to tell me no? The one advantage is if they do say go ahead and it effs up they hold the brunt of the blame and can finagle with the courts much easier than you. They are a closed brotherhood and you are an outsider.
That’s my two cents. I ain’t no lawyer OR attorney…yes, there is a difference. But I can write Gold and commodity contracts (and other types) from scratch that satisfy the Prime Banks attorneys (they ain’t so “Prime” these days) and know how these clowns work behind closed doors and with judges, at least here in the corp US. The actual difference between a US Lawyer written contract and an acceptable contract written in China or parts of Europe that states all the same parameters is sometimes ridiculous in ratio of words and clauses and indemnification to say nothing of addendums. US Lawyers love hot air and legal jargonistics coupled to massive piles of useless documents. Makes them appear to be worth something to their much baffled clients.
BTHWo kein Kläger, da kein Richter.