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Originally Posted by Kentaro Sato
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It appears JASRAC does collect mechanical rights for all uses on platforms, like iTunes. Again, it becomes the responsibility of rights holders to make sure their works are not orphan works.
Unfortunately, many video game companies do not understand this, or wish to be part of the music industry, resulting in tens of millions in unclaimed royalties annually.
The above statement is in line with my understanding of international music rights, as attorneys, music publishers, music societies, and collection agencies have explained to me.
If you have a different understanding, or if I am misreading this, please let me know where I can find more information. I value the pursuit of knowledge that is based on both experience and market conditions.
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Originally Posted by Jazz Paladin
OC remix tries to dance around this issue by using a non-profit status in the States...no idea if the law applies differently in this case...
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OC Remix is a fan site. In theory, yes, all of their content likely violates copyright, but it does not displace the market, could be considered transformative, and, most importantly, most rights holders are not interested in going after free fan sites that contain content largely considered free marketing material for superfans.
One additional thing to understand is, that at least under US law, Fair Use is not a shield. It is a sword a defendant gets to swing in a court, during a lawsuit.
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Originally Posted by Jazz Paladin
custom licensing potentially available through them? That at least gives you a chance , though it is pricey, and I am not too sure if there is a money back if it fails...
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If the song hasn't been released in the US, compulsory statutory licenses may not apply. However, it is the responsibility of video game companies/rights holders to review and reject any compulsory licenses provided to them, and inform the licensee if a request is not valid. Failure to do this voids exceptions.
ESL can try to negotiate licenses directly, but as above, many video game companies have no interest in dealing with music rights.