Another stupid copyright question

Cracker Funk

Cracker Funk

I've done my best to google, and I can't find a 100% solid answer, though I'm sure I already know it. Just thought I'd run it by here, just in case my intuition is wrong.

Audio from a video game -- that would of course be copyright protected, no? Say, someone in my movie is playing a video game. We can hear that game, but not see it. I would need clearance from a game company if I'm to use actual gameplay audio from their game, no?
 
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I think it's one of those grey areas. If it was a snippet of an older game you might be alright. Extended
sound from a newer game might be more difficult.

I think it's one of those areas where they could serve you with a cease and desist if they wanted, but in reality they might let it go. I'm sure that the music is copyrighted though.

It only takes 2 mins to fire off an email, put your mind at rest.
 
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Thanks, I wouldn't be using video game music, though. Just sound effects (and in-game narration). Nevertheless, I think it's gotta be under the same protection as the music. And I can't risk anything. The ultimate goal (as unlikely as it may be) is national distribution.
 
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The ultimate goal (as unlikely as it may be) is national distribution
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Shoot high.

I'm having exactly the same headaches now. You need to steer a line between paranoia and respect in copyright law. I always get it wrong. Contacting them is the only way.

If you can isolate the audio, I would lay in a soundalike for the moment... get game sounds from freesound.org have the other track ready to lay in if someone asks.

Yes, it probably is protected at the end of the day.
 
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Scott pilgrim vs the world used a lot of nintendo sound effects and they had to get permission for those, think nintendo actually let them use their sounds for free though? But I'm guessing your not gonna be using game sound to the extent that film did so prob is a grey area.
 
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stern warning

PositiveFuture said:
I think it's one of those grey areas. If it was a snippet of an older game you might be alright.
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Actually it isn't. All aspects of a video game are copyrighted, including sound effects and music. It's no different than thinking you can legally use any sound effects from a sound effects CD without permission (you can't).

The only "gray area" is that of if the company that held the copyright no longer exists. That means you are still violating their copyright, but there is no one to act on it. This is rare because when most video game companies go out of business, they sell the rights to the games as assets, which is why you have those old "arcade compilations" for sale on current video game systems.

You will have to try to obtain permission to use the sound effects or have a sound designer create their own.
 
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Can't you easily fake it ?? Take the audio bits you want you want and do a redeaux of it.. add in your voice, tweek it to make it sound similar, say something similar and make up the beep beep bang crash sounds yourself.
 
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sonnyboo said:
Actually it isn't. All aspects of a video game are copyrighted, including sound effects and music. It's no different than thinking you can legally use any sound effects from a sound effects CD without permission (you can't).

The only "gray area" is that of if the company that held the copyright no longer exists. That means you are still violating their copyright, but there is no one to act on it. This is rare because when most video game companies go out of business, they sell the rights to the games as assets, which is why you have those old "arcade compilations" for sale on current video game systems.

You will have to try to obtain permission to use the sound effects or have a sound designer create their own.
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Thanks for the confirmation.
 
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The game company owns the mechanical rights to the sounds used in the game, there is no gray area, if you mechanically reproduce their sounds and violate their copyright there is a possibility their Lawyers will file a lawsuit against you, your employer, and the client. This will become more likely if your production is successful. Lawyers know that it easy for your production company to hand over money as opposed to fight a copyright infringement lawsuit. When business is slow the Lawyers will jump on copyright violations as way to make some quick cash for the copyright owners and themselves. This also goes for "sound alike" music that sounds too much like the original, don't even go near sound alike music.
 
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You need to steer a line between paranoia and respect in copyright law. I always get it wrong. Contacting them is the only way.
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Will you get sued? No. Would errors and omissions have a cow over it? Yes. Will you get traditional distribution / Do you need traditional distribution? No. So in that sense don't worry about it.

Having said all of that it's really easy to come up with video game sounds. I have an Access Virus C and it has a lot of factory patches that sound like video games. So do most of my other keyboard modules.

Ask them for permission? A lot of companies just have a knee jerk NO reaction. It only gives them the heads up to potentially sue you for coming up with a knock off variation of their creation. The fact that you contacted them is evidence in court that would be used against you (this I read in a law book). So I NEVER contact these companies. They usually have poles up their @sses.
 
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Blade_Jones said:
I have an Access Virus C and it has a lot of factory patches that sound like video games. So do most of my other keyboard modules.
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That was my first thought - some of the Virus patches! I used to have the C model - located right between the Rolands in THIS PIC. I have the TI, now. What other modules do you have?

And, do we really have a sounddogs' rep amongst us? I've been using sounddogs for years. Love em! Speaking of sounddogs, they would probably have any sound you need for this game. You pay a fee per sound effect, which is to be expected.
 
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Blade_Jones said:
Will you get sued? No. Would errors and omissions have a cow over it? Yes. Will you get traditional distribution / Do you need traditional distribution? No. So in that sense don't worry about it.

Having said all of that it's really easy to come up with video game sounds. I have an Access Virus C and it has a lot of factory patches that sound like video games. So do most of my other keyboard modules.

Ask them for permission? A lot of companies just have a knee jerk NO reaction. It only gives them the heads up to potentially sue you for coming up with a knock off variation of their creation. The fact that you contacted them is evidence in court that would be used against you (this I read in a law book). So I NEVER contact these companies. They usually have poles up their @sses.
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Yes, it is extremely unlikely that we'll get traditional distribution, but I don't see why I shouldn't shoot for that as the goal, so I gotta play this one by the rules.

Blade, I am going to contact smaller video game companies. I looked into asking permission from EA Games, and it looks so unlikely that they'd say yes (without charging me) that I don't even feel like wasting my precious time. Maybe a smaller company will say yes, though.

Thanks, everybody, for your answers!
 
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Scoop has got it right; absolutely no reason why you can't DIY your own game sounds. I've made up game sounds, ring tones, news broadcasts, commercials... that's one of the fun parts of sound design.
 
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Alcove Audio said:
Scoop has got it right; absolutely no reason why you can't DIY your own game sounds. I've made up game sounds, ring tones, news broadcasts, commercials... that's one of the fun parts of sound design.
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Oh, I can do it. But an email is easier. So, I'll email a few small companies, then get to work on making it myself. Cheers!
 
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Fair enough Sonny and Blade,

I admit I know next to nothing about this area and am trying to wade through the copyright jungle myself right now.

I was reading the fair use statement for documentary makers this afternoon and in THAT field there are some grey areas, but I know it doesn't apply to fiction movies.
 
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