Is video game music free to use?
Some developers prefer to use unique, specially composed tracks for their video game projects. These tracks differ from typical royalty-free or copyright-free music, requiring a different approach. By purchasing a license, developers can legally incorporate these songs into their games or content while respecting the original composer's rights.
For those seeking complete ownership, acquiring full rights to unique music productions is an option. Platforms like House of Tracks provide the opportunity to buy music for video games, allowing developers to pay a one-time fee and secure exclusive rights to their own original piece of copyright-free music.
Using Video Game Music Legally: A Guide for Content Creators
Video game music, often used as background music, is a crucial element of the gaming experience. From the catchy 8-bit tunes of early arcade games to the richly orchestrated scores in contemporary titles, it significantly enhances the immersion of players in virtual worlds. Content creators making YouTube videos or streams related to games might be tempted to use these iconic tracks in their work. However, when using music on YouTube without proper permission, one risks copyright infringement. This guide aims to clarify the complexities of video game music copyrights, particularly for YouTube videos, helping creators avoid legal issues.
What are the Laws Around Using Game Music?
Like any other creative work, video game music is subject to copyright law, affecting various platforms including Music on Twitch and Music for YouTube. Music tracks, sound effects, and other audio elements are protected intellectual property. Therefore, using copyrighted music without proper licensing can result in serious consequences like copyright strikes, channel termination, and lawsuits.
Game companies own the rights to music composed specifically for their titles. Significant investment goes into producing high-quality audio content to enhance gaming experiences, and unauthorized use infringes on their legal rights. This is crucial for content creators who use copyrighted music in their videos or streams, as even music from older games is still protected, despite being technologically simpler.
Does Game Music Fall Under Fair Use?
<p>You may have heard of 'fair use', a doctrine in U.S. copyright law that permits limited use of <strong>music that is copyrighted</strong> without permission under certain conditions. However, this concept is complex and situational, especially when including game audio in your <strong>videos on YouTube</strong>. It does not automatically qualify as fair use.</p>
<p>Transformativeness is a key factor in determining fair use. When <strong>using video game music in YouTube videos</strong>, your use of the copyrighted music should ‘transform’ it by giving it new meaning or purpose. Straight gameplay footage with a soundtrack in the background is unlikely to meet this standard. The amount of the original music used also matters—the less, the better. Ultimately, relying on fair use is risky if you want to avoid getting a copyright strike.</p>
How Can I Legally Use Game Music?
The safest options for using game music are to get direct authorization from copyright holders or to obtain the proper licenses. Licensing through performance rights organizations like ASCAP, BMI, or SESAC is one approach. These organizations offer various licenses, including synchronization licenses for using music with visuals and master use licenses for recording or distributing songs. While licensing provides the necessary permission, it can be costly, leading many to use royalty free music instead.
For specific soundtracks, direct authorization from the game developer or publisher is advisable. Detailing how you plan to use the music may result in written permission, bypassing licensing fees. However, success is not guaranteed.
Many content creators opt for copyright-free music as a safer alternative. Using royalty-free music ensures there are no issues with music that is copyrighted, especially important for those creating content about video games. It's essential to ensure that the music is clearly labeled as royalty-free to avoid any copyright complications.
What About Music in Live Streams?
Live streaming gameplay has become hugely popular. However, copyright law still applies. Twitch and other platforms recognize this by offering streamer mode and turning off copyrighted music in VODs. But broadcasting unlicensed music can still lead to mute or takedown notices. Your best options are using royalty-free music, turning music off altogether or licensing properly.
What Happens if You Break Copyright Law?
If you use copyrighted game music without permission, the consequences depend on how the rights holder responds:
Copyright claims - YouTube and other platforms have automated systems to detect unauthorized music use. This usually results in claims, not strikes. The audio may be muted or monetization turned over to the rights holder.
Takedown notices - Copyright holders can directly issue DMCA takedown notices to platforms hosting infringing content. This can lead to video removal or channel termination after multiple offenses.
Lawsuits - In rare cases, major game publishers like Nintendo may sue over unauthorized music use. Lawsuits can seek damages of $150,000 or more per infringement. Defending against a lawsuit is expensive even if you ultimately prevail.
Fines and lawyer fees quickly add up, so avoiding infringement is crucial. Using only properly licensed, royalty-free or original music keeps you safe.
How Do Game Companies License Their Music?
Developers want fans to engage with their games online, but unauthorized use of music is still off limits. They employ a range of strategies:
Unique music - Many developers opt for getting unique soundtracks specially composed so they fully own the rights. This avoids licensing headaches down the road.
Selective authorization - Game companies may directly give popular streamers permission to use music while disallowing broader uses. This helps limit brand exposure while protecting copyrights.
Licensing programs - Some publishers like Nintendo have official content creator programs that grant licenses to use music. Getting approved requires following their rules and guidelines.
Copyright detection - Publishers use fingerprinting technology like YouTube's Content ID to find and monetize unauthorized uses across the internet. This allows them to profit rather than issue strikes.
- Game music copyright protection is not going away. As a content creator, you need to be mindful of music licensing if you want to cover games safely and legally.
Can I Use Game Music If I Don't Monetize?
A common misconception is that you can freely use copyrighted game music as long as you don’t monetize the video or stream. However, copyright law does not make this distinction. Profiting from the use may make it worse, but unauthorized use of music still infringes on rights even for non-commercial projects.
Some game companies may turn a blind eye to hobbyist creators promoting their games for free. But you have no real legal protection if they decide to crack down. Avoid this risk by only using properly licensed music or recording your own.
What About Cover Songs or Remixes?
Creating musical arrangements based on existing game soundtracks presents another layer of copyright issues. Covers or remixes transform the original music, but still incorporate copyrighted melodies, lyrics and other elements.
Legally releasing arrangements requires dual permission - synchronization rights from the composition copyright owner (often the publisher) and a separate license from the sound recording owner (the game developer in this case).
Major publishers like Nintendo are quite restrictive about issuing licenses for derivative works. Smaller indie developers may be more open to remixes as free promotion. But in general, covers and remixes of game music should be avoided without explicit permission.
Can I Use Music from ROM Hacks and Fan Games?
The legal status of fan-made ROM hacks and unofficial spinoff games is murky at best when it comes to copyright. These projects use copyrighted characters and other content owned by game companies without authorization.
Any music created specifically for a ROM hack or fan game is an unlicensed derivative work. Let’s Plays and other content incorporating this music infringe on the IP rights of the original developers. Avoid this risk by only using music from properly licensed games.
What are Safe Alternatives to Game Music?
If you want to avoid licensing headaches in your gaming content, use music and audio from these legal sources:
Royalty-free tracks - These allow free commercial use and exist in every genre. Just double check the license terms.
Music libraries - Paid services like Artlist, Epidemic Sound or Soundstripe offer affordable all-you-can eat licenses.
Original compositions - Hire a composer or make music yourself to own all the rights.
Public domain works - Classical and traditional music can be used freely if first published prior to 1925.
Creative Commons - CC-licensed tracks can be used non-commercially with attribution.
- With the right music and audio sources that don’t create copyright issues, you’re free to produce engaging gaming content without legal risks. Use smart licensing practices and original compositions so that music amplifies your work rather than creates headaches.
Conclusion: Using Video Game Music Legally
Video game soundtracks are protected by copyright and require licensing for third-party uses like streaming and videos.
Neither fair use nor non-commercial use reliably allow you to avoid infringement claims when using unlicensed game music.
To avoid strikes and legal issues, obtain proper licenses, get direct permission from rights holders or use 100% royalty-free/original music.
Game companies selectively authorize soundtrack uses and leverage fingerprinting technology to control their music rights.
With the right licensing and music sourcing strategies, you can cover games safely while respecting developer IP rights.
