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How do I legally use buyable copyrighted midis in downloadable free games of mine

Discussion in 'Copyright, Trademark, Patent Law' started by Miami Heat Lover, Feb 8, 2020.

  1. Miami Heat Lover

    Miami Heat Lover Law Topic Starter New Member

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    Like let's say for example if from (link removed by moderator) I want to use full version of Promises Promises midi version by the music band Naked Eyes who all by copyright and similar laws would I have to ask to legally get permission to put such a midi a free to download game I made?



    Or if the game itself is free then would I actually need permission to upload the game with up above mentioned music?



    Thank you all in advance.
     
  2. justblue

    justblue Well-Known Member

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    What state?
     
  3. adjusterjack

    adjusterjack Super Moderator

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    The Terms of Service will answer those questions. Read them.
     
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  4. Miami Heat Lover

    Miami Heat Lover Law Topic Starter New Member

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  5. Tax Counsel

    Tax Counsel Well-Known Member

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    You need to have permission from the copyright holder of the song to use it in your game. Otherwise you are infringing on their work and can be sued for that. The fact that your game is distributed for free would not allow you to use their song without consent.
     
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  6. Tax Counsel

    Tax Counsel Well-Known Member

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    What terms of service?
     
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  7. Miami Heat Lover

    Miami Heat Lover Law Topic Starter New Member

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  8. adjusterjack

    adjusterjack Super Moderator

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    Whatever terms of service exist at the links that were posted.
     
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  9. army judge

    army judge Super Moderator

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  10. Tax Counsel

    Tax Counsel Well-Known Member

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    Very likely the seller of the music at whatever site that was does not hold the copyright and has no authority to authorize the use of the song by the OP. The TOS of the site would outline what rights a buyer has with respect to the seller, but likely won't cover the copyright issue the OP has.
     
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  11. zddoodah

    zddoodah Well-Known Member

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    There's likely multiple copyrights in play here. The OP would need permission from the owner of the musical composition copyright and, separately, the owner of the sound recording copyright. The song in question was written by two individuals, but it's not likely that they still own the musical composition copyright. I did a quick search at copyright.gov, but there are too many registrations under the song's name to tell who owns the copyrights.

    As for the sound recording copyright, since the OP is concerned with a midi file, whoever created that file might own that copyright. However, that would only be the case if the midi file was created with permission of the owner(s) of the sound recording copyright. If it was created with permission then the TOS at the site where the OP wants to obtain the midi file might be relevant.
     

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