Is the music in RPG Maker MV safe to use on YouTube?

[VoicesFromTheDark]

Hello, fellow RPG-makers!

I had a question regarding the music in RPG Maker MV. So, from my understanding, if we create a game containing a music track from the base game folder (like Battle 3) and include it in our exported game, that game can be played on YouTube without any claims or copyright issues. Feel free to correct me if I'm wrong, but that's the understanding I had when I asked about it in the comments of a RPGMakerweb video.

Now, in the folder RPG Maker MV\dlc\BaseResource\audio\bgm I find several other music tracks, like "03_A_Hero's_Return.ogg" and these sound really cool! Are these also "safe to use" in our games? I'd hate to incorporate this music into my game and then have people not advertise for my game on YouTube due to the claims.

Any and all feedback is appreciated, thank you!

 

[Dinamic Creates]

I think you have to ask for a special permission if you want to ''monetize'' your video.

 

[Hoppy]

In your game, it should be since you have your license but be careful if you monetize it.   Like Pablo said you may want to ask for permission first, I'm not familiar with Kadokawa's YT practices but some JP companies flag stuff constantly for music rights, Lantis is one of the worst offenders.

 

[Touchfuzzy]

Perfectly fine to use the music to show off your game on Youtube. You just can't use it independently of RM. Like you couldn't use it to advertise your amazing brand of soap or anything. I mean, unless you made your soap commercial in RM maybe? That would be a weird case.

 

[Rikifive]

I think, that as long as you use the engine content for that-engine related things (read: RM Games), nothing bad should happen.

If you'd use the music for your intros/outros then that would be a problem.

Guess what, ninja'd.

 

[KisaiTenshi]

Going by the license. The music provided by RPG Maker MV (or any previous RPG Maker) legal to use in your GAME. If you youtube broadcast yourself playing your game, then you can reasonably contest any claims with "I have a license to use this"

Now... people playing your game. Nope. The license for music distributed with the game doesn't allow for it to be used "outside" the game, which is what Youtube is. Following me so far?

A. Ownership
ENTERBRAIN retains all title, copyright and other proprietary rights in, and ownership of, the Software. Licensee does not acquire any rights, other than those expressly granted in this Agreement.

Hence you do not own the rights, if not explicitly said so, it is not granted.

E. Distribution rights
Licensee may, at its sole discretion and its own risk, distribute the game (“Game”) originally created by Licensee by utilizing the Software with the following conditions;

Only Licensee who properly completed the user registration may distribute its own Game;

The Game that may be distributed by Licensee shall be legally created and shall not infringe third party’s rights, including, but not limited to, privacy, copyright, trademark, and/or any other intellectual property rights. Licensee shall, at its own expense, indemnify, defend and hold ENTERBRAIN harmless against any claim/suit/proceeding brought against ENTERBRAIN arising out of or in connection with the Game on the issue of infringement of any patent, copyright and/or any other intellectual properties of any third party; and

Licensee shall be fully responsible for the Game, its contents, including, but not limited to, character, story, scenario, plot, map, music, sound, design, name, the Game’s distribution method, and/or any other items created or added by Licensee.

This means if you bought the game from Enterbrain (Eg directly or through steam) this license applies to you.

The EULA as shipped with RPG Maker MV

Article 5: Licensing

The Company shall license use of the Software as follows limited to cases where the User is a Licensed User.
1. Creation of original games (henceforth, “User Games”) using the Software (including the computer programs comprising the Software) and the assets (referring to text, music, images, etc., henceforth, “Company Assets”) recorded in the Software. Furthermore, the User cannot record or use, etc. Company Assets in the original games they create using creation tools, etc. they created or provided by third parties without obtaining the Company’s advance written consent.
2. To transfer, rent, screen, public broadcast, or make transmittable (henceforth, generally referred to as “distribute, etc.”), whether for fee or gratis, the User Games created in accordance with the previous Paragraph. However, in such cases, the User shall abide by the
“Game Distribution Terms” appended to this Agreement

So the license end-users get means they can not record it. BUT... read the other half of the license:

Supplemental Provisions: Game Distribution Terms

Article 1: Terms of Distribution

1.　The User shall be able to distribute, etc. User Games only in cases where the following conditions have been satisfied:
    1. The User is a Licensed User of the Software.
    2. The User Game does not infringe upon third-party rights (copyrights, trademark rights, moral rights, portrait rights, etc.) and interests, and there is no risk of such infringement.
    3. The User Game shall not be infected with computer viruses, and the User Game shall not be used to perform acts (including spamming) where malicious programs such as computer viruses, etc. are provided.
    4. User Games do not violate statutes, laws, regulations, orders, or public order, and there is no risk of such violations.
    5. User Games shall not violate the Agreement, etc.
    6. Any other acts the Company deems improper shall not be performed.

2. The User shall create and distribute, etc. User Games at their own responsibility and expense, and shall hold the Company harmless.

 

Article 2: Handling of Company Assets

The User shall handle the Company Assets recorded in the Software as follows.
1. Company Assets shall be used solely for User Games created with the Software.
2. Modification of Company Assets (changes in color, size, orientation, trimming, etc.) shall be solely for the purpose of use in User Games created with the Software.
3. Company Assets and Company Assets modified in accordance with the previous Paragraph shall be distributed, etc. with the User Game created with the Software. Furthermore, the distribution, etc. of Company Assets and modified Company Assets shall be permitted only when they are distributed, etc. with the User Game created with the Software. Company Assets and modified Company Assets may not be distributed, etc. independently, and they may not be combined with programs, etc. other than the User Game. However, the User may, without compensation, reproduce, transfer, publically broadcast, or make transmittable any Company Assets they modified themselves to another Licensed User.

So, basically if you own RPG Maker MV, you can record and monetize. If you don't, then you you can't.

From a entirely legal standpoint, recording a RPG Maker MV game is no different than recording any other video game. You do not own the "game", you are only licensed to use the game, and hence have no rights. That said, because there is likely to be a lot of games made with RPG Maker series tilesets and music, you should contest all copyright claims with "I have a license" if the licence claimant is KADOKAWA, and you actually purchased the software. If you are an end-user playing a game made with RPG MAKER MV, and KADOKAWA decides to monetize your videos, you have no claim to it.

The likeliness of a copyright strike (penalty) is pretty much nil however. If you want to minimize this possibility:

1) Create your own music and don't use the stock game music. Use Public Domain (eg classical music produced by the US Army) 

2) Use music that is designated as Free to use already by the author

3) Hire someone to make unique music specifically for your game.

I wouldn't get too worried or upset, just keep in mind that any claim from KADOKAWA is legitimate and you have a licence to use it as long as you're playing a game you made. If the claim is from someone you have never heard of, then check where you obtained the track from to see if there are license issues. In the example above with Machinimasound, they do have some tracks as free to use, while others are not, and sometimes copyright claims come up due to the similarity of the beat used to other artists. It happens.

 

[Touchfuzzy]

Technically, almost any company can ask for a takedown of someone else playing one of their games, but it rarely happens. (which would be the case of KDKW asking someone to take down a game being played by someone who didn't make it in like a lets play or something).

I'll say that if it happens that someone is playing your game and streaming it, youtubing it, and KDKW comes down on you I will be absolutely flabbergasted myself.