Introduction
As video games have evolved over the years, so too has their music. From the chiptune melodies of the 8-bit era to the orchestral scores of modern open-world adventures, video game music has become an integral part of the gaming experience.
Understanding Copyright Law in Video Game Music
To begin with, it’s important to understand what copyright law is and how it applies to music. Copyright is a legal right that grants the creator of an original work exclusive control over its use and distribution.
This includes the right to reproduce, distribute, perform, display, and adapt the work. In the case of music, this would include things like recording, publishing, and performing the piece.
When it comes to video game music, there are a few key factors that determine whether or not a piece is protected by copyright law. First, the music must be an original work, meaning that it was created by the developer or their employees and not taken from another source. Second, the music must be fixed, which means that it exists in some tangible form, such as a MIDI file or an audio recording.
Finally, the music must be copyrightable, which means that it meets certain criteria for originality and creativity.
Case Studies in Video Game Music Copyright Law
To help developers better understand the complexities of copyright law in video game music, let’s look at a few real-life examples.
In 2017, the video game developer Pokemon Go was sued by the copyright owners of certain songs that were used in the game. The songs in question were popular hits from the 1960s and 1970s, including “Twist and Shout” and “Take On Me.”
The developers argued that they had obtained permission to use the songs through a process called mechanical licensing, which allows for the use of copyrighted material in limited circumstances. However, the court ultimately ruled in favor of the copyright owners, finding that the use of the songs in the game constituted an unauthorized performance and distribution of copyrighted material.
On the other hand, in 2019, the video game developer Ubisoft was sued by the composers of a song used in their game Assassin’s Creed Valhalla. The song, “Born to Die,” was written and performed by the band Phoenix and was included in the game without permission.
However, the court ultimately ruled in favor of Ubisoft, finding that the use of the song constituted fair use under copyright law.
Practical Guidance for Developers
Now that we’ve looked at some real-life examples of video game music copyright law, let’s provide some practical guidance for developers looking to use music in their games.
First and foremost, always obtain permission to use copyrighted material in your game. This can be done through a process such as mechanical licensing or direct licensing with the copyright owner.
In addition to obtaining permission, developers should also consider the specific rights they have been granted under their license agreement. For example, some licenses may only allow for certain types of use or may limit the number of times the music can be used in a particular context. It’s important to understand these limitations and comply with them to avoid any potential infringement claims.
Finally, developers should be aware of the concept of fair use under copyright law.
In conclusion, video game music has become an integral part of the gaming experience. However, it is essential for developers to understand and adhere to copyright laws when using music in their games. Always obtain permission, consider the specific rights granted under a license agreement, and be aware of fair use principles.
