At 12/31/16 03:16 PM, TomFulp wrote:
At 12/31/16 12:09 AM, Zero2562130 wrote:
And has any such litigation actually come to pass? All your actions regarding this come off as paranoid, especially when the Copyright Act of 1976 and/or the Grandfather Clause should protect Flashes like the one I'm talking about via non-profit and parody protection and for existing before any change in copyright law has occurred, respectively.We've been receiving increasingly threatening correspondence and based on my research into how all this works, I am extremely confident that litigation will happen if we don't make a stronger effort to clean up music issues on the site and also nervous it will happen regardless of how hard we try. It's a difficult topic to talk about publicly because everything you say can come up and be used against you in some way in court - this is why you don't hear much when other content sites are engaged in lawsuits.
Non-profit isn't a defense because Newgrounds is a commercial website. Parody protection can protect from the brands being parodied but doesn't apply to music licensing. There is no fair use protection in this case, although we are protected by the DMCA. The problem is that DMCA does not protect you from a long drawn out legal battle and there are holes in DMCA that can be exploited to make a case against a website. The music industry uses the legal system as a weapon because they know they can crush businesses when they can't siphon money from them. Music licensing alone is a billion dollar industry, outside of the labels and the artists. We can't afford to pay them what they want and we can't afford to fight them. I'd rather people come here and discover musicians who want to be here, it's better for everyone.
If that's the case, then there's no point in trying to "clean it up". In which case, it'd be worth it to fight back.
Ok, but you're not making money off of having the songs in the Flashes in the first place; you make it off of ads, donations, and merchandise, and Flashes that have copyrighted music can be the ones that are ad-free to avoid potential litigation. Regarding exploitation courtesy of the MPAA and RIAA, then you can probably call for jury nullification or call them out for extortion. That should be enough to push back against them. I think you mean music licensing WAS a billion dollar industry, particularly in the 90's and 2000's; nowadays, it seems like companies would rather just hire one somewhat big-time composer to make some tracks for their movie or game or just get permission from smaller artists, The Crystal Method composing for some disposable Fox show and Daft Punk making the soundtrack for Tron: Legacy being examples of the former and all of Hotline Miami's soundtrack being an example of the latter. That's probably because they know they're on borrowed time and aren't willing to adapt to modern standards or get their heads out of their asses; seriously, they could be making so much more money by taking advantage of the 20 year-rule to capitalize on nostalgia generated from the most license-heavy periods of media history. Well, people in Hell want ice water, and it seems like you don't understand the inspiration people draw from this licensed music; Joe Zombie just wouldn't be the same without Last Resort by Papa Roach playing during its climax. I highly recommend you reconsider your actions, because eventually, you're going to go after bigger, less old, better Flash movies that have impacted Newgrounds far more than older, simpler ones, that just so happen to have licensed music, and when you do, you will have officially killed NG by gutting it of its inseparable history.