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Author Topic: How 'bout law?
tomalla
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Since: Jan 16, 2007
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Posted: Thursday, Jan. 8, 2009 03:52 pm
Hi there ... let's say, I want to publish my newest sp map ( for CoD, doesn't matter which one, I think ). I want to add some cool soundtracks from other TV shows, movies. Example is: "The Rock". But here's my question: If I published my newest custom sp map with these soundtracks, wouldn't I brake some law? About something, like ... publishing without permission? I'm totally newbie in law. But then - it wouldn't be sold, for cash, free only. I was even wondering, does it depends on international law, or other one, for example other countries?

Please, explain me, what's about this ... LAW. Maybe there is on the forum, someone studying law or something similar?[machine_gun]

PS. I didn't know which forum would be accurate to this topic. If it's not, maybe someone may move it? Thank you anyway.
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Mystic
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Since: Apr 10, 2004
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Posted: Thursday, Jan. 8, 2009 04:13 pm
The only thing you need to be aware of is copyright infringement, this is basically using something which has a licenced copyright without permission.

If you took an audio track and used it in your map, you probably wouldn't find yourself in any trouble, although technically without asking for the permission to use it you are breaching a copyright law.

A good example of copyright is downloading music from p2p networks, the network themself are perfectly legal, it's the content which isn't.
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techno2sl
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Since: Aug 5, 2004
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Posted: Thursday, Jan. 8, 2009 04:27 pm
Best to read the terms that come with the game (in the booklet and in .txt format in the install dir).

Now a'days though there's plenty of resources on the net to make your own jazzy soundtracks !
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tomalla
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Posted: Thursday, Jan. 8, 2009 05:43 pm
Rasta writes...
Quote:
The only thing you need to be aware of is copyright infringement, this is basically using something which has a licenced copyright without permission.

If you took an audio track and used it in your map, you probably wouldn't find yourself in any trouble, although technically without asking for the permission to use it you are breaching a copyright law.


So, would I be in troubles using them or not? What it depends on? Maybe someone has to notice that, someone who developed soundtracks and/or has copyright to this. Only then Would I be in troubles?

Rasta writes...
Quote:
A good example of copyright is downloading music from p2p networks, the network themself are perfectly legal, it's the content which isn't.


Yeah, I know how it works. I use them. #cough# of course, rarely [casanova]

techno2sl writes...
Quote:
Best to read the terms that come with the game (in the booklet and in .txt format in the install dir).


Is there anything interesting there? Maybe one sentence like: "We allow everyone to put copyrighted resources to mods"? x|Whatever it consist of, I can't find this [biggrin]. I work in CoD2.

techno2sl writes...
Quote:
Now a'days though there's plenty of resources on the net to make your own jazzy soundtracks !


I'm not really good composer ... [lol] ... but I may get a try. Do you know any good programs for that? #cough# freeware? [casanova]

Regards, Tomalla [wave]
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DeekCiti
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Since: Mar 12, 2008
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Category: MODSonline
Posted: Thursday, Jan. 8, 2009 06:53 pm
I'm pretty sure that as long as he isn't selling it, it will be ok.

And, who is going to tell? [thumbs_up]
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Strid3r
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Posted: Thursday, Jan. 8, 2009 07:15 pm
i believe as long as its not sold there shouldnt be a problem. just look at youtube where people upload videos left and right with copyrighted music as their soundtracks and theres never been a problem there.
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tomalla
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Posted: Friday, Jan. 9, 2009 04:19 am
Strid3r writes...
Quote:
i believe as long as its not sold there shouldnt be a problem. just look at youtube where people upload videos left and right with copyrighted music as their soundtracks and theres never been a problem there.


I know really curious, and I found this in Youtube Policy:

Code:

Copyright Infringement Notification

To file a copyright infringement notification with us, you will need to send a written communication to us with all of the following information in it, using this format:

   1. Include a statement telling us that you have found a video on YouTube which you believe infringes your copyright (for example, "I hereby confirm that I believe the video identified below infringes my copyright").
   2. Tell us which country your copyright applies to.
   3. Tell us the title of the video concerned and the full URL for its playback page.
   4. Explain to us in what way that video infringes your copyright (e.g. the sound is copied, the entire video is a copy of an original work made by you, etc.)
   5. Identify the type (e.g. a film, a piece of music, a book, etc.). and details of (e.g. title, publisher, dates, etc.) the copyright work which you own the rights in, and which you believe has been infringed. If this information is available on the internet, it is helpful to send us a link.
   6. Let us have contact information so that we can get in touch with you (email address is preferred).
   7. Let us have the contact information which we can pass on to the submitter of the video concerned, so that they can get in touch with you to resolve your complaint directly (email address is preferred).
   8. Include the following statement: "I have a good faith belief that use of the copyrighted work described above is not authorised by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law."
   9. I swear that the information contained in this notification is accurate and that I am the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
  10. Sign the notice. If you are providing notice by e-mail, a scanned physical signature or a valid electronic signature will be accepted.
  11. Send the notice, in writing, to the following address:

      Attn: YouTube Copyright Infringement Notification
      1st and 2nd Floor
      Gordon House
      Barrow Street
      Dublin 4
      Ireland
      Email: plcopyright@youtube.com
      Fax: +353 1 437 0741

To expedite our ability to process your request, complaints may now also be submitted online at http://www.youtube.com/copyright_complaint_form. You will need a YouTube account in order to utilize this tool.

Please also note that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content.

Claimant information will be published on the YouTube site in place of disabled content.

Make sure you know whether the content that you have seen on YouTube infringes your copyright. If you are not sure what your rights are, or whether your copyright has been infringed, you should check with a legal adviser first. Be aware that there may be adverse legal consequences in your country if you make a false or bad faith allegation of copyright infringement by using this process.

If there are many videos to be removed, or you expect to have an ongoing need to remove potentially infringing content from YouTube, we suggest that you sign up for our Content Verification Program, which electronically notifies us, removing any room for error, and significantly increases the speed at which we are able to remove any infringing content.
Counter Notification

If you elect to send us a counter notice, please go to our Help Center to access the instructions.

Any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to legal liability. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of subscribers who are repeat infringers.


In short: if anyone didn't spot copyright infringement, nothing happened. If anyone DID spot it and proved, video for sure will be removed. However, I don't know is user going to have a trial. So in some cases, that IS possible [read]. And I hope, none of soundtracks developers play CoD2 [biggrin].

... what could happen, if some person noticed copyright infringement in my map? Trial? Should I pay some cash for punishment? How could it look like? ... just curious [confused]
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techno2sl
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Since: Aug 5, 2004
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Last: Oct 13, 2010
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Category: MODSonline
Posted: Friday, Jan. 9, 2009 04:35 am
(from Pt-01 of the UK copyrights law)
'Restricted acts:
It is an offence to perform any of the following acts without the consent of the owner:

Copy the work.

Rent, lend or issue copies of the work to the public.

Perform, broadcast or show the work in public.

Adapt the work.

The author of a work, or a director of a film may also have certain moral rights:

The right to be identified as the author.

Right to object to derogatory treatment'

Acts that are allowed:

Playing sound recording for a non profit making organisation, club or society.
(Profit making organisations and individuals should obtain a license from the Performing Rights Society.)

Performance, copies or lending for educational purposes.

Incidental inclusion. (< claim this one!)

----
Yet in the Activision legal notes it tell us not to copy or distribute game content... then they release modding tools... go figure.


edited on Jan. 9, 2009 06:39 am by techno2sl
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supersword
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Since: Jul 28, 2004
Posts: 1989
Last: Nov 22, 2011
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Category: MODSonline
Posted: Friday, Jan. 9, 2009 09:24 am
I have frequently visited this subject when I upload my videos onto YouTube. It's a sippery slope downwards and there are a lot of hazy, grey areas in the whole thing.

To put it bluntly, you are not legaly allowed to include a copyrighted piece of work, even if you are not making a penny off of it. In cases like these, you would be allowed to use portions of the music and claim it as fair use.

In this case, fair use would indicate that you are using a section of the track for non-commercial use which would cause no "damages or loss" to the artist/money-hungry recording labels. The problem you will encounter with this is that fair use only allows you to use a fair amount. This is usually considered to be about 10 seconds, if you were using a 3 minute song. That is of course, no use to you. Also, even if you did claim it as fair use, you would only be defending yoursef. Fair use is not a legal set of rules.

As far as the law is concerned. You need explicit permission unless you have licensing, or, create the track yourself.

At the end of the day, you arn't stirring up any trouble and it's not really causing any problems for the copyright owners. That being said, just keep in mind that you are not technically allowed to and if you asked me to decide based on my legal understanding, I would say that you shouldn't use it.
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