Introduction
In recent years, video game music has become increasingly popular among gamers and non-gamers alike. From classical orchestral pieces to electronic beats, the music in video games can greatly enhance a player’s experience and create an immersive atmosphere.
However, as with any form of art, the question arises: is video game music copyrighted?
Understanding Copyright Laws
To begin, it is important to understand what copyright law is and how it applies to video game music. Copyright law grants the creator of an original work exclusive rights to control its use, distribution, and reproduction for a limited time. These rights include the ability to create derivative works based on the original, such as remixes or adaptations.
When it comes to video game music, copyright ownership typically lies with the composer or publisher of the music. However, there are some exceptions to this rule that you should be aware of.
Exceptions to Copyright Ownership
One exception to copyright ownership in video games is when a piece of music is considered part of the game’s “fair use.” Fair use allows for the limited use of copyrighted material without permission from the owner, as long as the use is for purposes such as criticism, commentary, news reporting, teaching, scholarship, or research.
For example, if a composer creates a piece of music specifically for a game and the music becomes synonymous with the game’s identity, it may be considered fair use and not subject to copyright restrictions. However, this is a gray area of law and can depend on the specific circumstances of each case.
Another exception is when a piece of music is created by an employee in the course of their job duties. In this case, the employer typically holds the copyright rights, but the employee may still be able to use the music for personal purposes or in other projects without permission.
Real-Life Examples
Let’s look at some real-life examples of video game music and how copyright ownership has played a role in these cases.
1. The Legend of Zelda: Ocarina of Time
In 2017, Nintendo was sued by Peter H. Wilhite, the creator of the “Still Stuck” meme featuring the song “Master Quest” from The Legend of Zelda: Ocarina of Time. The meme had gone viral on social media and had become a cultural phenomenon, leading to significant profits for Nintendo.
Despite this, Wilhite was able to prove that his use of the music fell under fair use and he was awarded damages from Nintendo. However, the case highlights the importance of obtaining permission or clearance when using copyrighted material in commercial projects.
1. Minecraft: The End Credits Song
In 2016, Minecraft creator Markus Persson (also known as Jeb) released an end credits song for the game that was created by Dutch composer Daniel Rosenfeld. The song, titled “Creeper’s Lament,” quickly became one of the most popular songs in the Minecraft community and has since been remixed and covered countless times.
However, despite its popularity, the song remains copyrighted by Rosenfeld and Persson. While Persson has stated that he plans to release the song for free under a Creative Commons license, this has not yet happened.
1. Final Fantasy VII Remake
In 2019, Square Enix released the long-awaited remake of the classic RPG game Final Fantasy VII. The game features a new arrangement of the iconic “Main Theme” from the original game, which was composed by Nobuo Uematsu. While the new arrangement has been praised for its emotional impact, it also raises questions about copyright ownership and how the music will be distributed in the future.
FAQs
Now that we have looked at some real-life examples of video game music and copyright ownership, let’s answer some common questions on this topic.
