Do Copyright's carry over to a Remix?

[22pepperjack]

so it's basically as the title says, but anyways, I'm wanting to add an "easter egg" into my game that involves a certain legend of zelda song playing in the background. i plan on selling this game possibly, so i know that i cant have the original zelda song in the game due to copyright. but is it ok to have a really Remixed version of the song instead so long as the remix artist gives permission?

 

[SlaveOfThaMind]

the composer of the "remix" would need legitimate rights to the original song to begin with, which would need to be forwarded to you along with his/her consent to use the remix.

that's what I believe anyhow.

 

[22pepperjack]

if thats the case, i would rather just use the original.

 

[SlaveOfThaMind]

yeah, don't quote me on my previous statement though, as that was just my personal opinion.

 

[22pepperjack]

did some reserch and i think im in the clear. this wiki here:

https://en.wikipedia.org/wiki/Remix

says that if it is heavily remixed to be just barely relatable to the original, then i just have to get permission from the remixer. which means that this:

https://soundcloud.com/swarm-of-bears/lost-woods-remix

should technically be fine ^-^

P.S. the easter egg is gonna be hidden inside a night club.

 

[Psyker]

You did forgot one thing from the wiki article.

"However, if the work that is distributed by the remixer is an entirely new and transformative work that is not for profit, copyright laws are not breached"

His works falls under Fair Use agreement but requires it to be not for profit which your use of it will be.

Honestly, I can tell exactly the theme and game series it came from.  I would think it would need to be more remixed then what it currently is to stand up in court for any copyright violation or what not.

My two cents anyways.

 

[22pepperjack]

true it is obvious were it originated, but its more like a mix than anything else. it doesnt really sound like any actual in game music. and its more of an "i want to have it cost something." it probably wont tho :/ but thanks for your info and noticing that line :3

 

[Andar]

did some reserch and i think im in the clear. this wiki here:

https://en.wikipedia.org/wiki/Remix

says that if it is heavily remixed to be just barely relatable to the original, then i just have to get permission from the remixer. which means that this:

https://soundcloud.com/swarm-of-bears/lost-woods-remix

should technically be fine ^-^

P.S. the easter egg is gonna be hidden inside a night club.

You're forgetting something here: if a music is "heavily remixed to be just barely relatable to the original", then it's no longer usable as an easter egg because most people won't recognize the original and believe you had something new made for the game.

So yes, remixes can be done without breaking copyright and licencing within those limits, but the result can't be used for your specific purpose of creating an easter egg, because that needs to be recognizable - and if you keep it recognizable then you need permission from the original licence holder.

 

[22pepperjack]

damn... eh, what the hell, free it is.

topic closed.

P.S. am i supposed to notify someone that the topic is closed, or just leave it as is till they find it?

 

[RyanA]

As someone from the music scene, I can tell you that this is how it works...

Original Song belongs to Cat A, Cat B wants to remix the song. Cat B must get permission from Cat A to remix a song under any circumstance unless it is on a creative commons license or equivalent where remixes are allowed without permission.

Cat B remixes the song with permission. Cat A holds the copyright to the original song and hence holds copyright over the remix too. Cat B also has copyright over the remix as the remix is his intellectual property.

Cat B wants to make money from the remix. He goes to Cat A for permission to do so and is given it. Cat B can now sell his remix.

Cat B isn't given permission to remix the song. He does so anyway. Cat A is very upset and yells viciously at Cat B. Cat B is forced to abbandon his remix and cease use of it.

Cat B sells the song without permisison. Cat A is furious and the two of them engage in fisti-paws. Cat A wins and Cat B is now upset AND short of several thousand monetary currency and a remix.

Cat C remixes a song of a famous game without permission. Famous game cats are too busy enjoying gold coated salmon to care as Cat C's remix is non proffit only and they don't even know who he is.

Cat C's remix get's popular. Famous game cats take notice and order Cat C to abbandon the remix or give them money for a license.

Cat D remixes a song from a famous game without permission and sells it for money. Famous game cats find out somehow. Cat D is now in big, big trouble.

Such is the ways of the remix.

:3

 

[SlaveOfThaMind]

@ 22pepperjack

to request your topic be closed, simply report your OP with a note of "please close thread" or whatever you want to enclose.

 

[Archeia]

This thread is being closed, due to being solved. If for some reason you would like this thread re-opened, please report this post and leave a message why. Thank you.