Music Licensing/restrictions

[bored_onion]

You'd be surprised at what other sounds are not specific to their games

i did hear the flashpoint satchel charge detonation sound on a documentary about the formation of the earth once

[Sefe]

I really need an advice or opinion from some smarter than me regarding this; I don't want any legal problems because of it.  So, what do you think; use or not to use?

Simple question, simple answer: If you don't want any legal problems, don't use it.

Music, like every piece of art, is intellectual property, regardless of where it comes from (it is utterly unimportant whether it is commercial music or not). The right to use the track has to be explicitly granted to you, otherwise you have no permission to distribute the piece of music or any parts of it (there is no such thing as a time limit whatsoever). Full stop. You can be positive that for any computer game or commercially available piece of music this permission is not only not granted but explicitly denied.

A lot of nonsense is told about this subject by people who (obviously) don't have the slightest idea about the subject - yes, also (and especially) in this thread. This is like asking a construction worker for advice about a desease when you should be asking a doctor.

So, in a nutshell, from someone who knows better: If you want to be sure, ask for permission and do not use when the permission is not granted (which includes the case that you get no reply to your request).

[The-Architect]

Yep.

If you want it, use it but on your own head be it.

[bored_onion]

sounds right to me

[rado1265]

That's exsactly how I've thinked it is, Sefe.

If not, then theoretically speaking, I can also take some other parts from the game (on which developers have spend months or years, and couple of milions of dollars), and incorporate them into my mission or game or whatever.

And here we are: pure stealling ...

[Dubieman]

If not, then theoretically speaking, I can also take some other parts from the game (on which developers have spend months or years, and couple of milions of dollars), and incorporate them into my mission or game or whatever.

And here we are: pure stealling ...

What do you mean by that? Are we stealing from BIS by releasing missions or are you just talking about using third party stuff in OFP overall?

And my view: I'd like to go with the POV that I can and will use their stuff (music usually), but not full fledged songs since well, when does OFP ever seem right with whole songs ( unless its a nam aircav mission with ride of the valkeryes). And I will feel alright about it cause what producer or whomever really matters will be sifting through the Mission depot and pick up my mission, play it and say, uh that smug little bastard stole our music, time to sue! I'm sorry but I just don't see that happening.

Then there is the other side of me, that wants to keep this illegal use of music to a minimum and not get his pants sued off. But then I'm left with two options.

1.) my custom music (which sucks horribly considering I have no instruments

2.) the crappy seventh music which I've heard 5 billion times or some of the repetitive other tracks

Those of you will say its illegal, but when it comes to crunch time, hey its my decision. If it needs to be modified later, so be it.

Though I'm still conflicted so I have no idea what I may choose in the future. Hopefully that along with everyone else's POVs will help you(author) decide as well.

[rado1265]

It's like this, GRK: if I can take their music as I like, then I can also take the grafic engine from their game, legally there's no difference, and use him in making of my own PC game.  You know, what I mean?  I'm no legal expert, far from it, but I think we dont steal from BIS anything; shortly, we staying with OFP material within OFP boundaries.  Try use it elswhere without their explicit permission, and you'll probably expirience the reaction from BIS.

I have the same problems with 'two sides of me' regarding this, but I maded my mind; I don't want any problems, it's just not worthed, so I'll stick with Sefe's interpretation, because I think he knows what he's talking about.

[The-Architect]

Didn't some firm try and get Operation LoJack banned or something?

[456820]

its still in the depot i played it about a week ago what in it is actually copyright ?

[Sefe]

its still in the depot i played it about a week ago what in it is actually copyright ?

Afaik it wasn't about copyright, but trademark infringement. Trademarks are also intellectual property, so we're in the same ballpark (however, trademarks need to be registered, copyright doesn't).

[Dubieman]

karantan, I still don't know what you're talking about. I dunno if you're talking about OFP or something other than OFP...

Didn't some firm try and get Operation LoJack banned or something?

Isn't quite clever Toadlife would name his mission using the beeping system to find the officer after the very same system that does that for vehicles except its so the police can find it? Wow I just realized that...where have I been.

[rado1265]

Hm, I know my English sucks badly, but I thouth it was understandable.

As you may know, I had the intention to use some music files from the other game in my ofp mission, and after the discussion here some of us came to the conclusion, that this is illegal, and legally forbidden without explicitly granted permission from the developer of that game, or the owner of the trademark rights, or whatever.

I asume all parts of the game(s) are a law protected intullectual property (OFP is no exception), no game developer is so stupid, that it will not protect it from the theft.  I remember in the times of Quake 3 Arena the graphic engine from that game was quite a hit, and many other PC games were builded with it.  But the developers of that other games have to buy him up (and here we talking about hundreds of thuosands or milions of dollars), not just take him, and use him as they please.  And here is the similarity with our problem here, as faint as it might be.

As abut OFP, I see it like this: they give us the tool to make the missions (Mission Editor), so this is some kind of 'permission' (I never go deeply into such kind of thinking); use it inside the OFP, and all is OK, go somewhere else with it, or steal some part of our game, and incorporate it somewhere else, out from the 'OFP realm' ... well, this we will not tolerate.  I have GOTY Edition, and every time I run OFP, I must watch their legal note, how they're the respective owners of the trademark, and all rights reserved, and all that kind of shit ...

[Dubieman]

Okay I get you now.

You know you can use the -nosplash and -nomap in the shortcut target field of OFP to stop those legal notices. Yet that wouldn't make them void now would it.  

[Sefe]

You know you can use the -nosplash and -nomap in the shortcut target field of OFP to stop those legal notices. Yet that wouldn't make them void now would it.  

No, it wouldn't.

These copyright notices are mere reminders without any legal effect. You agreed to the terms of the license agreement when you installed the game.

[Dubieman]

Yes yes that's right. Those agree to continue checks.