What's Newground's take on using copyrighted music in a video? Is it like on YouTube, if you use a song you're video in gets taken down or is it different?
At 4/5/16 10:42 AM, Jaxks wrote: What's Newground's take on using copyrighted music in a video? Is it like on YouTube, if you use a song you're video in gets taken down or is it different?
From the FAQ
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Newgrounds all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Newgrounds or any third party; (iii) submit material that is unlawful, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) post photographs containing nudity and/or sexual situations. Newgrounds does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Newgrounds expressly disclaims any and all liability in connection with User Submissions. Newgrounds does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Newgrounds will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Newgrounds reserves the right to remove Content and User Submissions without prior notice. Newgrounds will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Newgrounds also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography or defamatory material. Newgrounds may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
Edit: Yeah, the flash COULD be flagged and then deleted. Which could result in the artist getting a ban. If you are not sure if you can post it, best not to. There is an audio portal which a person may use since submitters who allow downloads are giving permission per newgrounds agreement.
It's a bit of a grey area. It could be considered fair use depending on the submission, but generally it´s not, even if you credit the original author. The submissions might never receive a takedown notice - there are plenty of submissions that do use copyright music floating around, but it's never certain. If you get permission to use said music it's a different thing though, that'd be fine, and I assume Indie artists are easier to get permission from than the mainstream ones.
Quoting advice from this page:
4. Use music with permission Avoid the use of commercial music; find audio that is royalty-free. We have our own community of musicians in the Audio Portal who are open to having their music used in your games and movies.
