Re: New Campaign: Fall and Rise
Posted: Sat Jul 05, 2008 6:21 am
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.
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.