Legal Aspect of Homage and Tribute?

[LunyAlex]

Hey there.

Is anyone here versed in the legal technicalities of associating your creations with other original works?

I want to start a project where I take a game and its soundtrack and try to write a song inspired by them (without actually plagiarizing anything, of course). I feel that this would be a great way to learn and practice various production techniques and styles.

But I have a few questions troubling me:

- Is one allowed to use the name of a franchise or game as part of the title of one's song?

The Elder Scrolls: <Tribute Song Name>

(And does anyone know if Newgrounds have any specific rules on this? Couldn't find any.)

- Is one allowed to use titles or logos of games/franchises in Youtube videos featuring original tracks?

Like you upload your original track to Youtube and on the video side you just slap on an image to accompany it, right?
Could you get in trouble if you display a trademarked logo or name in said image?

I mean I assume there's no problem stating "Inspired by..." in your tracks description, but does associating imagery or names on the basis of "homage" fly or not?

Would appreciate anyone's input!

[VJ1607]

What I don't understand is this, why do you have to associate it with the game or the franchise anyways.

Why not just release it under your own name, so it looks like a solid piece of work and not a "fan made" amateur soundtrack among the thousands of others. The composer for the project already did the job. People will notice your inspiration and comment on it, and it can indirectly get connected to it, which is a different thing imo.

[Troisnyx]

So let me get this straight: if someone's doing a cover and it's going to be Creative Commons, if people aren't going to get it unless they knew the title of the song (which would have to be put in the description), then that's a catch-all clause, then, which means no-one can now make the cover because the title cannot be used (or referenced)!

And yet there has been no stopping people making covers, no DMCA claims on people uploading stuff on YouTube (homemade vocal versions of video game songs for instance) even though the title has been used.

[LunyAlex]

At 3/20/15 08:38 AM, VJ1607 wrote: What I don't understand is this, why do you have to associate it with the game or the franchise anyways.

Why not just release it under your own name, so it looks like a solid piece of work and not a "fan made" amateur soundtrack among the thousands of others. The composer for the project already did the job. People will notice your inspiration and comment on it, and it can indirectly get connected to it, which is a different thing imo.

I get your point, but, well, look at fan-art. There's a pretty cool culture surrounding it, and it automatically associates itself with the material it takes inspiration from (Because visual arts are less abstract).

Another reason I'd like to associate the "inspiration material' with my own would be to openly showcase my ability to write music in a specific style. Would make for a good trait on a portfolio.

It would basically be a good advertising tool, even though the main reason why I want to do this is the fact that I need production practice.

I need to stress that I value individuality and originality, and I get what you mean, but I don't think it would be particularly forced or cheap to associate the title of a game with a song you wrote inspired from it.