Copyright Infringement
To the people out there who understand copyright well in Australia (probably the same as anywhere else, but just specifying in case).
I like to make 3-5 part piano arrangements of video game songs, sometimes medleys, sometimes full songs.
But I'm really afraid of copyright infringement.
My first arrangement (a FNAF Medley) was taken down a couple of years ago due to copyright. I understood which part it was pulled up for, so I took it down. I only posted up 1 other medley, then decided to wait a while and see what happened. Nothing did, but I was still wary of copyright, so I didn't create any more scores until recently.
But then this happened.
A couple of days ago, I made an arrangement of DAGames' Bendy and the Ink Machine Song. I gave credit to them both in the description and in the 'Composed by' section on the actual sheet music. And this really started my concern. It's popularity blew up, compared to my other stuff. People started asking to use it in their arrangements, someone even performed it at a school talent show (they told me after they already did it though). Even though it hasn't been pulled up yet, I'm certain this isn't legal or something, and I'm freaking out.
I know that giving credit wasn't enough. I've been digging around on the internet, asking the Musescore support people, etc. but all I'm getting is what the copyright means, and what happens if I infringe said copyright. But I know of the consequences, that's why I'm trying to figure out what to do!?
But I don't know what to do? Do I need a license (If so, where do I get one)? If I need written permission, how and where do i get it? (I emailed DAGames asking for permission a couple of days ago, but it hasn't been answered). Or am I just not allowed to do it, period?
I've made all my score Private until I work everything out.
So, please, somebody tell me what I need to do to fix all of this. If fixing it means taking it all down, then so be it. But I make these arrangements because not many sheet music copies for video game songs exist, and I would prefer getting a license or something to make them available for others.
Sincerely,
Weaslby926 (a really concerned Musescore user)
Comments
I'm by no means an expert in copyright, but, when in doubt, written permission is the best route to take IMHO. It might be difficult to obtain, but perseverance pays off in the end. And there's no doubt as to whether it's illegal if you have said permission.
Another option would be to make the melody somewhat your own. From what I understand, chord progressions can't be copyrighted, so you could transpose it to a different key or use a different arrangement that isn't found in the original.
Let me know if anything helped.
In reply to I'm by no means an expert in by Dirge Of Dreams
Thanks for replying, it helped more than anything else I've read so far :D
When you say make the melody your own, or transpose it into a different key, do you mean if I kept the song the same, just in a different key, it would be alright? Or would I have to completely change the melody as well? Because just changing the key sounds a little fishy to me, but if it works?
I am trying to get written permission, how's the best way to contact them? Facebook or email?
Also, there are people who used my arrangement, will they get pulled up for copyright too? Do I have to ask them to make theirs private as well until I sort it all out?
In reply to Thanks for replying, it by weaslby926
Hi.
With respect, this is not the right place to seek copyright information. That is a very deep, important topic and needs accurate legal advice.
If this is important to you, go to a lawyer.
In reply to Thanks for replying, it by weaslby926
Transposing to a different key doesn't free it from the original copyright.
You have to make the melody substantially different. That is qualitative and ultimately could be determined by a jury according to whether an average person thinks it is substantially different. You can still use the same chord progressions and form, though. Lots of jazz musicians did something called "contrafacts" where they made bebop melodies over popular songs of the day, to bypass copyright.
Best to make the scores private. I do video game arrangements all the time, but I quickly realized to not make the scores public after seeing them get taken down all the time.
As xavierjazz said, it's a complex area, and if there was any money at stake you'd need to see a copyright lawyer. However, it's quite reasonable for you to surf around the Web, and ask on MuseScore for thoughts, as long as you take them all with a grain of salt. That way, when the attorney flicks the meter on, you'll grok what he's saying faster. I can say a couple of things about US law, but if you're doing things in Oz (where I'm from originally) and uploading it to a site in the States, that's another complication.
First, it is not true that chord progressions can't be copyrighted. If the chord sequence is sufficiently distinctive, and potentially other things (e.g., rhythm) make a sufficiently distinctive package, then that can constitute infringement. But most chord progressions in popular music can be freely reused.
Second, transposing music to a different key does NOT mean that you are avoiding infringement.
Third, making a different arrangement does not avoid infringement. In fact, if it's not a standard sort of arrangement, then you might need extra permission for that, beyond what you need for ordinary copying.
I find it best to read articles by actual attorneys rather than the speculation of lay people (like me...). E.g., this one:
https://www.buzzfeed.com/reggieugwu/what-the-law-says-about-music-plagi…
Not important here, but perhaps interesting. With innocent infringement, damages (usually none for amateurs putzing around) are less than for knowing infringement. So if one had established on the Web with one's real name that one had read a lot of this stuff, one could be more liable. I am not an attorney, and have not worked on copyright, but I have worked on other IP (reviewed hundreds of patents and trademarks) for two large companies, and have spent a lot of time discussing this stuff with the attorneys. In several cases where the lads realized that our software product might be stepping on a patent, we had to instruct the team not to read any patents or related material, lest that increased our liability, and of course (cough!, cough!) we would be morally obliged to stop...
As for notifying people who had used your stuff, I wouldn't get into a schvitz about it...
In reply to As xavierjazz said, it's a by MikeN
Thanks so much for the response and the link,
You mentioned that arrangements that aren't standard (I'm assuming you mean how many pianos I have), that I might need extra permission. Does anyone know a website or somewhere where I can find such permission or maybe information on it?
I thought that transposing to avoid infringement wasn't right, so that's good.
I understand that by reading more into things, I am becoming less liable for innocent infringement, however I'd personally prefer to know what I am doing wrong and know how to fix it, than leave it up to get taken down and risking all of that.
I also read somewhere that there's a form you can fill out and then send to Publisher/owner, who can then either say 'yay' or 'nay' to the request. But I can't find who owns the publishing rights is there a website that might show who has publishing rights to video game songs?
I think, for now, I'll stick to trying to obtain written permission using this form way. I'll just keep my arrangements on private until then I guess.
At least quite a few of my questions have been cleared up. Thanks again!
Hi,
As for locating the Publisher of a work, you could try searching in the public databases of the PROs (Performing Rights Organization) in each country, like BMI, ASCAP, GEMA, BUMA, etc.
Example URLs:
http://repertoire.bmi.com/Startpage.aspx (BMI)
https://www.ascap.com/repertory (ASCAP)
https://online.gema.de/werke/search.faces (GEMA)
https://www.bumastemra.nl/en/about-buma-stemra/title-catalogue/ (BUMA/STEMRA)
https://www.apra.com.au/cms/worksearch/worksearch.srvlt?action=workSear… (APRA/Australia),
etc.
Having located the publisher, you could try contact them using their website/contact emails, etc.