unforum

[Ofiuco]

How to use music and not get sued

[notgordian]

Partial answer(s), although I haven't checked to update my information for a while. I'm sure some people more familiar will follow up with further details. Usual "I am not a lawyer, this is not legal advice" disclaimers apply.
===============
First: if you secure permission from the creator, they are not always the actual holder of the copyright. For instance: NIN recently made a loud public statement telling people to steal their music. Obviously, their record label didn't agree (remember there was the kerfluffle with the Year Zero ARG and the song "leaks"). I think those songs are considered a work-for-hire and the record label has the actual copyright.

Internet radio: last I checked, this issue was under contention, as the record companies were trying to negotiate a pay system for internet radio broadcasting. I think the jury (ok, legislature) is still out on that, but there's currently a fee structure imposed and it may be getting worse. I think it's annual fee plus percentage of profits.

Telling if something is copywritten: the rule is lifetime plus 70 years for music, or 95 years after creation for a work-for-hire. There are a couple other works floating out there that are public domain because somebody forgot to file paperwork (pre-1976). The Copyright database is sadly ridiculously expensive, but you can use sites like www.archive.org to find a decent amount of stuff that lapsed.

I'd assume your safest bet would be to look through Creative Commons stuff. (All of this assumes you're worried about US law...it's different in some other countries).

[vpisteve]

If you need to license a particular recording, you need to contact the publisher, who have agreements with both the composer/writer (who own the music) and the label, if any (who own the recording of the music). Two very distinct copyrights, when they apply: Song copyright and Sound Recording copyright.

If you don't get some sort of license, you always run the risk of getting into legal trouble and/or having to pay something.

That being said, there are tons of recordings that are indeed in the public domain, usually 70 years old as you mentioned above. Or you can find a local musician who has self-published work that might be willing to license stuff in trade for their name in the credits (we did this in Metacortechs).

You can also usually use classical pieces if you or a friend can perform/record them yourself. Say, Moonlight Sonata by Beethoven. There's no song copyright there, since it's public domain, and there's no recording copyright, since you're creating the recording yourself.

Lastly, there are some pretty good, not-too-expensive music libraries available online, where you can purchase an unlimited or limited use license with the download. I've used sites like sounddogs.com in the past, and their library music isn't too bad. I think you can usually get something for 20 or 30 bucks. Plus, they have tons of sound effects.

Hope this helps. And, it's cool that you're even asking this question.

[Rekidk]

To (kinda) echo what vpisteve said... There are loads of indie bands on MySpace and YouTube who really just want to get their names out there. There aren't so many legal hoops to jump through (because, in being independent, they're unlicensed and hold the rights to their own songs), and generally are very happy to just get their music out there. Just drop them a message and you'll usually get a pretty enthusiastic response pretty quickly.

Another option is to (gulp) write and perform music yourself; though I understand that for most people this isn't feasible.

[Shutaro]

[wkelly42]

If you're looking more for a mood-setter, rather than a specific song by a specific artist, then check into Podsafe Music Network. It's designed to give music podcasters access to music, but I'm sure they'd work with an ARG designer too.

Alternately, you could use music that's issued with a Creative Commons license -- if you search the CC website (http://creativecommons.com you should find something appropriate.

[SpaceBass]

Moby is offering free music for non-commercial, non-profit use, if you're into that sort of thing.

[Ofiuco]

Thanks, everyone! This has been a huge help.

[Nick the Wolf]

I remember reading somewhere that it's okay to use music provided you record/perform it yourself...but don't quote me on that.

[SirQuadyDeLurk]

If your looking to just set a tone, you could always just link to an established site that has the music you are looking for (like an artist's site, or Pandora, or something).

Keep in mind, your players might try to link the artist to the game!