New Campaign: Fall and Rise

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Jadefang

Re: New Campaign: Fall and Rise

Post by Jadefang »

Omega,
One thing I wanted to clarify regarding the music: You are free to choose whatever you want, but in addition to the ethical issues Meta mentioned in terms of not reusing music from other campaigns, there are also some IMO very significant legal concerns. Ok, almost all other authors here don't consider these too much, but I think it is worth realizing the issue of legal copyright infringement before publishing anything with copyrighted music on the web.

If your work you want to feature is legally copyrighted (copyright.gov), and you do not have permission of the registered copyright holder, then you have to check if your work falls under for "fair use", or not. If it does not, then you may face charges for copyright infringement. That is a very serious issue. Some may argue that who cares about a single map uploaded on CC, but I don't think that is a valid argument.

So to look at fair use criteria applied on a custom SC map/campaign, there are four major criteria in US copyright law:

(1) PURPOSE AND CHARACTER:
a) To be fair use, the material must be used for non-profit or commercial uses. 
+ This one point would be in compliance with the US copyright law.
b) Character of the use regards whether it is used for e.g. education (good), parody on that particular work (good), or entertainment (bad).
- This point is lost, unless the work is clearly a parody or some response to the original music tract.

(2) NATURE OF THE WORK:
This takes into account the nature of the work. Eg, re-using a factual text in an educational context would be in favor of fair use, creative music/videos would most likely not fit that criterion.
- This would not fit.

(3) AMOUNT AND SUBSTANTIALITY:
Amount refers to what percentage of the work are you re-using. In case of a music tract, that will be 100%. You may choose to cut it down, but in the end it will most likely be a significant amount.
- This point is most certainly lost.
= At best if you cut the duration of the track to less than 50% it may become controversial, but remains an unsafe bet.
And substantiality? Is the part cited critical to the original work, i.e. in case of music, would everybody recognize this immediately once you hear the song?
- In most cases, that will be the case.

(4) EFFECT ON THE MARKET:
What effect does the use have upon the market for original work?
This is a controversial one, if your music is not suuuper popular you may say, it could promote the market profile. But defending this argument in court is an entirely different issue.
- Especially since one can easily extract the WAV file out of your map, you can be caught on that point.

My analysis of the US copyright law and fair use of copyrighted music in custom maps:
DON'T DO IT!

But, I may stand alone with that point.

PS: Keep in mind, citing the original author does not protect you from lawyers.
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omega20
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Re: New Campaign: Fall and Rise

Post by omega20 »

Jadefang, I got that music specifically because I wanted to make a tribute to the Meta's campaign, Aeon of the Hawk. But, anyway, thanks for the warning. You don't worry, I have a lot of music stored (which are not drawn from any other campaign or unusual site. They are legal, believe me :P).

Anyway, thanks for the information, Jadefang. I would take it into account. ;)
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Jadefang

Re: New Campaign: Fall and Rise

Post by Jadefang »

omega20 wrote: Jadefang, I got that music specifically because I wanted to make a tribute to the Meta's campaign, Aeon of the Hawk. But, anyway, thanks for the warning. You don't worry, I have a lot of music stored (which are not drawn from any other campaign or unusual site. They are legal, believe me :P).

Anyway, thanks for the information, Jadefang. I would take it into account. ;)
Omega, I don't think that you got the point I tried to make. I said that in addition to the ethical concerns of using music from Meta's campaign, there is a legal issue for the lawyer representing the label of  "Within Temptation" or whomever else music you want to use. That is the real danger one can face if posting copyrighted work.
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Re: New Campaign: Fall and Rise

Post by omega20 »

Jadefang wrote: Omega, I don't think that you got the point I tried to make. I said that in addition to the ethical concerns of using music from Meta's campaign, there is a legal issue for the lawyer representing the label of  "Within Temptation" or whomever else music you want to use. That is the real danger one can face if posting copyrighted work.
So what should I do? Remove the music? But I can't! The music is the heart of the campaign! Without it, the campaign dies! I can't make boss battles nor anything without the music! It is as if you remove the voices of the characters to the Blizzard's campaigns. They would be empty! :o
Last edited by omega20 on Sat Jul 05, 2008 7:12 am, edited 1 time in total.
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Re: New Campaign: Fall and Rise

Post by Jadefang »

omega20 wrote:
Jadefang wrote: Omega, I don't think that you got the point I tried to make. I said that in addition to the ethical concerns of using music from Meta's campaign, there is a legal issue for the lawyer representing the label of  "Within Temptation" or whomever else music you want to use. That is the real danger one can face if posting copyrighted work.
So what should I do? Remove the music? But I can't! The music is the heart of the campaign! Without it, the campaign dies! :o
Your campaign should always be strong enough on its own without the music. But I am not saying remove the music, no-one does. All I am saying, is that I personally am uncomfortable with the stipulations of US copyright law, and therefore use only public domain, permitted, or self-composed work. It is not impossible to get permission, just look for newcomer bands, etc. They may be glad if someone featuers their stuff. And the public domain is larger than you might think in the first place, too.

You can do whatever you want, and 99.9% you will be fine with that. Hell, almost everyone on the internet shares music P2P and does usually not get caught. I am just too much of a cautious fellow to dare that. Maybe it is unnecessary, but I wanted to advise you that I think it is dangerous to take that risk. That is really all I am saying.

Good luck with your project!
:)
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Re: New Campaign: Fall and Rise

Post by omega20 »

Well, I think that the argument of my campaign is strong enough. However, you see Jadefang, I didn't want to say this (it was a secret), but I need the music, because in the campaign... is going to be a big boss battle against an 'old friend' of Starcraft. >=)
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Re: New Campaign: Fall and Rise

Post by Meta »

Yeah, Jadefang got it right. As long as proper credit is given, most people will actually appreciate to have their music featured. :)
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Re: New Campaign: Fall and Rise

Post by Lavarinth »

If you're creative- You'll use your own selection of music and sound effects instead of another campaign's.

Originality.
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Re: New Campaign: Fall and Rise

Post by omega20 »

Lavarinth wrote: If you're creative- You'll use your own selection of music and sound effects instead of another campaign's.

Originality.
Of course. I have prepared a selection of music for each of the maps (not music from other campaigns). ;) I just got this music to make a tribute to the campaign AotH of Meta, nothing more.

And now, can we talk about another subject which isn't related to music? You haven't commented me anything about the characters yet. :(
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Re: New Campaign: Fall and Rise

Post by Lavarinth »

I haven't played your project, yet.
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omega20
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Re: New Campaign: Fall and Rise

Post by omega20 »

Meta wrote: Yeah, Jadefang got it right. As long as proper credit is given, most people will actually appreciate to have their music featured. :)
;)
Lavarinth wrote: I haven't played your project, yet.
Well, yes, my "project" as you said, it is only the introduction yet. ;)
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Re: New Campaign: Fall and Rise

Post by Rocco »

Your campaign looks very good and I think you've done a great job with the characters.
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Re: New Campaign: Fall and Rise

Post by omega20 »

Thanks! I'm working hard in the campaign. I hope that when it'll be finished, you play and enjoy of it. ;)

However, I've chage some features of the campaign:

1) The course of history will now focus on three planets, adding a new planet to the campaign: Char.
2) For this reason, I may have to increase the number of maps of the campaign. I can't say the final number of maps yet.
3) The Confederate Splinter Factions are now without name (removing the names of Steel Vultures, Death Head Legion and Iron Hammer). The reason for this is that they are not mere pirate groups, if not the (mostly destroyed in the timeline of the campaign, of course) Confederacy, and I find that it makes no sense to put a name to the every Splinter Faction.
Last edited by omega20 on Wed Jul 09, 2008 1:54 pm, edited 1 time in total.
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Re: New Campaign: Fall and Rise

Post by Rocco »

Do not rush, take your time, make it as good as you can make it.
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Re: New Campaign: Fall and Rise

Post by omega20 »

RCcola wrote: Do not rush, take your time, make it as good as you can make it.
;)
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