At 9/9/08 09:13 PM, InGenius wrote:
By that I mean, if you watch the intro section of ALL professional video games, you'll note that ALL of the content of that disc, cartidge, or storage media is copyrighted, including the music, thus meaning posting ANY musical format taken from a video game is copyright infringement, even if it was MIDI-fied and you remixed it.
I'm seeing a lot of confusion on this.
Guys, any music/art/sound/etc that has been published - no matter *how* it was published, is copyrighted. Even the stuff here on NG. Basically, the law is that when you write something, copyright is automatic at the point you fix that work in media - which can be saving it on to a cassette tape, a CD, even your hard drive, or just typing a document. This is true REGARDLESS of whether or not there's a visible copyright notice on that work. And yes, as you point out, making a midi of someone else's track is making a derivative, and therefore a breach a copyright.
The question should be 'do they have permission to use that sample/score/etc'.
If the copyright holder has given explicit permission - for example, releasing the sample under a CC-like license, then there's no problem. A lot of the remixes and covers on NG don't have that permission - the only reason they've survived is that the copyright holders haven't made an issue of it (yet).
In some cases the copyright holder will have come out and said 'hey, we don't care about this' - in which case, it's fair game (Example - Lucas Arts have said that they will not take action against fan made derivatives of Star Wars, so long as they don't make a profit from it). In all other cases, it's the responsibility of an artist to go to the copyright holder and *ask* for permission.
If you haven't made all your samples yourself, and you don't have permission to use those samples, then don't post. Whether you get caught or not, it's still illegal, and these things have a way of catching up with you when you least expect it.