Can a Free Game Infringe Copyright

[rambamboo]

Hi! Please move this if it's in the wrong forum.


I haven't been able to find a concise answer about this through Google, but I'm basically wondering if it's legal to use copyrighted music in your game if you're not making money off it. Would you have to get permission or would it be legally ok if you didn't?


And similarly, if you made a fan game (let's say if I made a game about like Game of Thrones or something, all the art and everything done by myself but the story and characters aren't mine), if I acknowledge that this is a fan game of something I don't own and I'm not making money off it, would that be legal?


I do know that use of copyrighted material in forms of entertainment for the purpose of parody is actually legal.


Thanks!

 

[Canini]

In theory:


No, you are not allowed to use copyrighted material under normal circumstances, ever.


In practice:


A lot of people do it, and companies do not usually send a cease and desist if you give proper credit.


That is the simplified and somewhat crass explanation. Hopefully somebody with a little more legal know-how can explain it in more detail.

 

[Isaac The Red]

In short, Yes, A free thing, that the creators make no money from. Can indeed be taken down. Even with a full, and proper list of credits to the original owners of the materials, it is still a possibility that you can and will be asked to take down the work and to cease distribution. Cases in point, A remake of the original Metal Gear, was taken down, despite it having a lot of support and even support from Solid Snakes english voice actor. Mane6's game My Little Pony: Fighting is Magic lasted quite a while but was given a cease and desist the moment its popularity became too great. A Chrono Trigger remake that looked promising, shot down before it even made it into actual game dev beyond basic graphics things.


Fair Use in many cases can be claimed and if you have a team of lawyers and lots of cash, you can probably fight to keep your work, but in msot cases a C&D is the end of things, as a company has a DUTY to defend their property or risk losing it, for not defending it. It's complicated.


If your planning on making a fan game, or some such thing, two pieces of advice; one, be prepared to have to stop for legal reasons. and two, if your going to do it, enjoy the time you spend on it, if by chance that you manage to complete the project without a C&D be glad because its pretty danged rare.

 

[bgillisp]

For music it is hard to get a straight answer, as in some cases the song is not copywritten, just the performance of it. So it might be legal to use the song if you reperformed it, if that was the case with the song you want to use. This is the case with the classics like a piece from Beethoven or Mozart.


No idea about music from a game though. Probably best to not use it just for that reason.

 

[Shaz]

of course a free game can infringe copyright.  Copyright states that you cannot take and use resources that you do not have the rights to use.  It has nothing at all to do with whether you're selling or giving away the product you use it in.

 

[mlogan]

I've moved this thread to General Discussion. Please be sure to post your threads in the correct forum next time. Thank you.

 

[rambamboo]

Alright, very good info. Thank you guys! 

 

[Kes]

Also, please note - Google might not have helped you, but a search on this site would have pulled up numerous threads asking the same thing and being given the same answer.


As the answer is clear and unequivocal,


Closing