Quote:
Originally Posted by Jimby
The crucial part of what TerraEpon is talking about is that the music needs to have been published in an official capacity in your part of the world. If we’re talking the US here then, so long as the music has been officially released in the US, a compulsory mechanical licence can be obtained.
For your specific example, this isn’t the case, as Lufia II’s music has been released officially in Japan only. Not sure on the machinations from there but chances of success may be variable.
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Interesting...I was thinking he was referring to the first right to publish, and being unable to release a cover song prior to the song's performance/release Kinda the same thing, I guess, just a different slant/angle on it.
I'd forgotten about the licenses being US exclusive though. Would be interesting to see how covers of games not released in the US end up on Spotify, etc given that if the covers were produced outside of Japan, licenses should not be granted in theory. So either Licensing agencies are giving out permissions that they shouldn't, the music isn't being reported as a cover song by the creator, or 3rd party aggregates aren't caring enough to look into things before hitting the "GO" button on releasing material.
Another thing that could be happening in theory is that the original creator is not registered in the US as a music creator via something like Sound Exchange, money that is collected for streaming/licensing fees is retained in their name until they can claim it. In certain other respects this is the protocol, so it may just be so in this case as well.