Do Not ...

[FDA]

Do not upload copyrighted material.... if I catch you or anyone else doing this.... you risk having your account suffer the consequences.

NG is a great community and we offer lots of FREE entertainment. I knwo many peopel just want to SHARE other songs, etc... however this can get into a legal issue.

The audio portal is designed so that NG members can upload and share THEIR OWN creations.... these can be used for submissions in the portal in either the games or short flicks department, etc.....

I have recently had to ban quite a number of members from ever uploading audio. Hopefully this number will lessen and one day maybe even become next to nothing.

[SeizureDog]

You should mention that this doesn't cover covers (laff).

Covers are acceptable correct?

[Denvish]

At 4/13/05 03:11 AM, FDA wrote: I have recently had to ban quite a number of members from ever uploading audio. Hopefully this number will lessen and one day maybe even become next to nothing.

Yeah, I clear the pending list every 1-2 days, and am generally surprised at the number of people that submit songs by other artists... even chart songs, on occasion. Bear in mind when you upload that an audio ban lasts a looooooong time (technically, forever), and make sure you read the rules on the SUBMIT page

# You are making the legal claim that it is your own original work.

# Loops you made from existing copyrighted songs are not your own original work.

# If you turn out to not be the original author, you will be responsible for any repercussions.

# You are giving permission to Flash authors to use your audio, free of charge.

# You will remain the owner and credited author of the submission.

[AGH]

At 4/13/05 04:05 AM, Denvish wrote: # You are making the legal claim that it is your own original work.
# Loops you made from existing copyrighted songs are not your own original work.
# If you turn out to not be the original author, you will be responsible for any repercussions.
# You are giving permission to Flash authors to use your audio, free of charge.
# You will remain the owner and credited author of the submission.

Just so I have it absolutely clear, by author you are talking about the writer of the song - music and lyrics -, so covers are definately not allowed?

[Denvish]

At 4/13/05 04:25 AM, AGH wrote:

At 4/13/05 04:05 AM, Denvish wrote: # You are making the legal claim that it is your own original work.
# Loops you made from existing copyrighted songs are not your own original work.
# If you turn out to not be the original author, you will be responsible for any repercussions.
# You are giving permission to Flash authors to use your audio, free of charge.
# You will remain the owner and credited author of the submission.

Just so I have it absolutely clear, by author you are talking about the writer of the song - music and lyrics -, so covers are definately not allowed?

Not too sure, actually, the rules could do with being clarified. Seeing as how a large percentage of the Video Game genre consists of remixed versions of game music, I'm guessing that Author means the person that recorded it... but as FDA said, if the music is copyrighted, then technically, I suppose covers aren't allowed. I have to admit I've let a few covers in on occasion though. I'll have to speak to the admins and get that point clarified.

[SpamWarrior]

At 4/13/05 03:11 AM, FDA wrote: Do not upload copyrighted material.... if I catch you or anyone else doing this.... you risk having your account suffer the consequences.

Well since i make remixes, and i am making the claim that it is my intellectual property, and will suffer the direct actions of the industry accordingly, can i still put my tracks up?

Or is it time i spread my wings and left newgrounds until i have some writing equipment?

Yeah yeah, its made from original artists work. I claim the remix as mine, with the original artists being given credit as they would in any respectable real life set. Since I'm not making any money, what can they really get me for?

Heh, i'm gonna regret bringing this up :)

[RedCircle]

Covers are NOT allowed.

Punk-o-matic clips are NOT allowed.

That's pretty much it.

[SpamWarrior]

At 4/13/05 05:59 AM, RedCircle wrote: Covers are NOT allowed.

Punk-o-matic clips are NOT allowed.

That's pretty much it.

Apologies for seeming dumb, but i'd like you to clarify this; Am i allowed to remix, given the terms i stated, which i believe agree with the newgrounds rules?

[SpamWarrior]

At 4/13/05 07:16 AM, Zendra wrote:

Hehe, indeed. But they've made a longer story of it:

"# You are making the legal claim that it is your own original work.

MY intellectual property, THEIR sources, so i'm a little confused on that.

# Loops you made from existing copyrighted songs are not your own original work.

I dont make loops. I make whole tracks and advertise them on here so people can review them and give constructive criticism.

# If you turn out to not be the original author, you will be responsible for any repercussions.

See first point, cos i'm a little confused, as to what my role is. Maybe by asking i'm just asking for trouble, but i'd like to know.

# You are giving permission to Flash authors to use your audio, free of charge.

Fine, its not like anyone wants to use my horrible madman shit anyway. And its not like its a copyrighted track that is being played, it is something made that i put my own creativity into to make, made from copyrighted sources.

# You will remain the owner and credited author of the submission."

I credit my sources where i can fit it in, and if i havent then i i've probably made the track name out the original artists tracks, such as Massif Amusement. Then all thats needed is a google search. Oops, my bad, i didnt realise Massif was a proper word, i thought Squarepusher stole it from youth culture. Anyway, just in case, Massif Amusement is a mix of squarepusher and weeksy.

So, even thought i'm juggling with fire, poking a tiger with a pointy stick etc, do i have to get out yet?

[Denvish]

Wow. Nice job of requoting my post (which was already quoting the rules) without actually adding anything constructive, Zendra.

SpamWarrior: I think the third rule

# If you turn out to not be the original author, you will be responsible for any repercussions.

is basically a disclaimer for NG, saying that they're not going to get involved in any legal action regarding copyright. So basically, if you get sued for using copyrighted material, NG will wash their hands of it, and you're on your own. Despite RC's comment about NO COVERS, the Video Game genre is full of remixed versions or versions played on different instruments, and I'm fairly sure that most of those tunes are copyrighted to Namco/Nintendo/Square Enix or whoever.

[SpamWarrior]

At 4/13/05 08:31 AM, Denvish wrote: Wow. Nice job of requoting my post (which was already quoting the rules) without actually adding anything constructive, Zendra.

SpamWarrior: I think the third rule

# If you turn out to not be the original author, you will be responsible for any repercussions.

is basically a disclaimer for NG, saying that they're not going to get involved in any legal action regarding copyright. So basically, if you get sued for using copyrighted material, NG will wash their hands of it, and you're on your own. Despite RC's comment about NO COVERS, the Video Game genre is full of remixed versions or versions played on different instruments, and I'm fairly sure that most of those tunes are copyrighted to Namco/Nintendo/Square Enix or whoever.

Hmmm well the way i see it a cover is a tribute to the original in most cases, tho i'm not sure what mxpx meant to achieve by covering barbie girl..... (shameless plug for a shitty remix)

As long as the originals are credited, i dont see the problem with covers myself, but i have no power or influence so i'll STFU :)

[fdsfsdfs]

At 4/13/05 05:59 AM, RedCircle wrote: Covers are NOT allowed.

K then Ozcars music has to go, or at least the 4 covers he has submitted

[Maus]

At 4/13/05 07:30 AM, SpamWarrior wrote: MY intellectual property, THEIR sources, so i'm a little confused on that.

Sampling. So you want to be the next P. Diddy and use a clip of a previously recorded song in your work and make millions. Do you need a license when you’re only using a little bit of someone else’s work? YES! YES! YES! Not only will you be embarrassed like Vanilla Ice in every interview, but you will also invite a slew of lawsuits and criminal actions. Using a piece of a previously recorded song in your recording is called sampling. Any kind of previously recorded clip from a movie, commercial, or music is considered a sample. Sampling, just like using the full-recorded version, requires you to obtain the Sound Master or Master Use License. It does not matter if you add effects to the sound clip to make it your own; if the derivative work belongs to someone else you need to obtain the license before you can use it.

[Denvish]

At 4/13/05 12:21 PM, Maus wrote: Sampling.

lol. I guess that's a big fat NO then. Thanks for the info Maus.

[FDA]

At 4/13/05 04:25 AM, AGH wrote:

At 4/13/05 04:05 AM, Denvish wrote: # You are making the legal claim that it is your own original work.
# Loops you made from existing copyrighted songs are not your own original work.
# If you turn out to not be the original author, you will be responsible for any repercussions.
# You are giving permission to Flash authors to use your audio, free of charge.
# You will remain the owner and credited author of the submission.

Just so I have it absolutely clear, by author you are talking about the writer of the song - music and lyrics -, so covers are definately not allowed?

COVERS are acceptable but this means they are remakes.. not REMIXES.... you can NOT include part of the original song.... no big samples aka chunks of the tune.... NONE in fact!

[FDA]

At 4/13/05 04:32 AM, Denvish wrote:

Not too sure, actually, the rules could do with being clarified. Seeing as how a large percentage of the Video Game genre consists of remixed versions of game music, I'm guessing that Author means the person that recorded it... but as FDA said, if the music is copyrighted, then technically, I suppose covers aren't allowed. I have to admit I've let a few covers in on occasion though. I'll have to speak to the admins and get that point clarified.

Covers can be permitted.... however as I mentioned... they must NOT inlcude portions of the original.

it is best to NOT upload covers.

[FDA]

At 4/13/05 04:57 AM, SpamWarrior wrote:

At 4/13/05 03:11 AM, FDA wrote: Do not upload copyrighted material.... if I catch you or anyone else doing this.... you risk having your account suffer the consequences.

Well since i make remixes, and i am making the claim that it is my intellectual property, and will suffer the direct actions of the industry accordingly, can i still put my tracks up?

Or is it time i spread my wings and left newgrounds until i have some writing equipment?

Yeah yeah, its made from original artists work. I claim the remix as mine, with the original artists being given credit as they would in any respectable real life set. Since I'm not making any money, what can they really get me for?

Heh, i'm gonna regret bringing this up :)

no need to leave... but remixes are based upon the original. You do not really have the right to do the remixes as these are not official mixes and there for you are uploading someone else's work. Most audio portal sites would honestly feel the sameway if they realised the legality. While you may thinking that the legal folks would just got after you.. you are mistaken.... they would go after who is hosting the illegal file which is NG in this situation.

[Denvish]

At 4/13/05 02:43 PM, FDA wrote: Triple-post spam ;)

Cool, thanks for clearing the issue up somewhat, I have to admit I was very hazy with regards to what is permitted and what isn't. I'll add a link to this thread in my sticky reference thingy, and it might be a wise idea to 'tweak' the rules on the Audio Submit page with a bit more detail, since I'm sure I'm not the only one who is/was unsure as to what is allowed and what is not.

[SpamWarrior]

At 4/13/05 02:43 PM, FDA wrote:

At 4/13/05 04:57 AM, SpamWarrior wrote:

At 4/13/05 03:11 AM, FDA wrote: Do not upload copyrighted material.... if I catch you or anyone else doing this.... you risk having your account suffer the consequences.

Well since i make remixes, and i am making the claim that it is my intellectual property, and will suffer the direct actions of the industry accordingly, can i still put my tracks up?

Or is it time i spread my wings and left newgrounds until i have some writing equipment?

Yeah yeah, its made from original artists work. I claim the remix as mine, with the original artists being given credit as they would in any respectable real life set. Since I'm not making any money, what can they really get me for?

Heh, i'm gonna regret bringing this up :)

no need to leave... but remixes are based upon the original. You do not really have the right to do the remixes as these are not official mixes and there for you are uploading someone else's work. Most audio portal sites would honestly feel the sameway if they

The work is at least partly MY intellectual property. The work i am uploading is not recognisable as any one artist.

Tell you what, i'll write to the artists them and email them, and if they do not reply, how about taking that as permission? It'd stand in a court of law as being permission through no denial. I'd be willing to try it anyway.

realised the legality. While you may thinking that the legal folks would just got after you.. you are mistaken.... they would go after who is hosting the illegal file which is NG in this situation.

Is it just me that feels like it would be negative publicity for the music industry if the industry was to try to take down a site full of legitimate artists? There would be a massive surge in hate for the industry i think, tho it is only speculation?

I believe it would cause its own death if its actions crushed young talent which could make them money in the future. So i'm pretty sure they would come after me, and i would accept the circumstances and explain my position.

I KNEW I SHOULD'VE KEPT MY FUCKING MOUTH SHUT.

[Maus]

the artists themselves don't neccessarily own the rights. Click the link I provided, it goes into it in a lot more detail.

[SpamWarrior]

At 4/13/05 05:32 PM, Maus wrote: the artists themselves don't neccessarily own the rights. Click the link I provided, it goes into it in a lot more detail.

Apologies, i didnt see your post. I could swear it werent there before.

Anyway, i've decided to give up the fight. Its about time i started learning to write anyway.

I was just on a buzz, and now its time to be over and for a new one to begin.

so if you get a dong and just play it backword or slightly alter it is that ok?

[SpamWarrior]

At 4/13/05 06:14 PM, LegendaryPancake wrote: so if you get a dong and just play it backword or slightly alter it is that ok?

If you play it bacwards, theres a good chance no one will notice. If you slightly alter it, they will. The reason no one will notice the backwards song is that backwards songs sound shit mostly if you leave them backwards all the way through :)

[Spy]

this is in the rules man you dont have to reemphasize it.

[RedCircle]

At 4/13/05 12:21 PM, Maus wrote:

At 4/13/05 07:30 AM, SpamWarrior wrote: MY intellectual property, THEIR sources, so i'm a little confused on that.

Sampling... [big linky-type thing]

"There are basically three situations you might encounter when it comes to using another artist’s song on your album. You can use the actual full song, sample a song, or cover a song. All three of these uses require permission and a license."

Therefore, covers are the same thing as just uploading someone else's music.

(just clarifying)

[Pandora-Tranquil]

who cares about all this bullshit about copyrighted songs and samples.

if you cant find a sample or a synth thats not copyrighted somewhere on the net then you are fucking dumb.

there shouldnt be a problem with all the songs, people are just being fags.

[SpamWarrior]

At 4/14/05 06:50 AM, Pandora_Tranquil wrote: who cares about all this bullshit about copyrighted songs and samples.

if you cant find a sample or a synth thats not copyrighted somewhere on the net then you are fucking dumb.

there shouldnt be a problem with all the songs, people are just being fags.

Chill the fuck out. What if people are new to the entire thing? Its only natural to want to remix things you like, as much as it is natural to sit down and right something from scratch.

Sure, takes skill to make you're own, takes just as much natural talent to spot tunes that mix together in interesting ways.

[Rooty-the-Pie]

No covers?

Bang goes my music career then. ;)

[HDG]

Covers can be permitted.... however as I mentioned... they must NOT inlcude portions of the original.

it is best to NOT upload covers.

ok.... i found out that you can sing 50 Cent's "Candy Shop" to the music of Black Sabbath's "Paranoid." If i do my own recording of myself performing this, this is ok? i just need to be entirely sure....

[Maus]

There are many melodies that are similar, but not exactly the same. It's being able to take that bare (and i must stress - BARE) basic, and building on it to make it your own. Otherwise there would be no music without a billion permission requests because there are only so many drumbeats, bass riffs, etc.

Rap was a bad example to use, because of the sheer volume of sampling done in the industry.