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  #31  
Old Feb 19, 2019, 10:47 AM
Kentaro Sato Kentaro Sato is offline
 
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To mmMike

Strictly speaking, if you are doing this publicly or to the public, you may not do it, even if you do it for free.
You would basically violate three aspects of the copyright; right to reproduce, right to distribute, right to make derivative works.
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  #32  
Old Feb 19, 2019, 11:05 AM
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Jazz Paladin Jazz Paladin is offline
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Quote:
Originally Posted by Kentaro Sato View Post
To mmMike

Strictly speaking, if you are doing this publicly or to the public, you may not do it, even if you do it for free.
You would basically violate three aspects of the copyright; right to reproduce, right to distribute, right to make derivative works.
Interesting...not sure how this applies in Japan, but if I recall correctly , it seems that 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...

https://ocremix.org/info/About_Us
https://ocremix.org/info/Content_Policy
https://ocremix.org/info/Frequently_...copyrighted.3F



mmMike, I know it sounds like the "regular" licensing got rejected from easysong licensing--most stuff is easily obtained this way, but did you see the message earlier about the 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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  #33  
Old Feb 19, 2019, 01:05 PM
Kentaro Sato Kentaro Sato is offline
 
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As far as the OC remix goes, firstly we have to examine under what circumstance the US indivisuals and entities are allowed to use the copyrighted material without permission or fee. In the US, this kind of usage is called "fair use."

With that stated, I have to say what they are doing is illegal to the copyright owners eyes. This is very much clear to me, and the most of the Japanese video game company considers so for all of those public "fan music" site.

The "non-profit" organization status don't guruntee the automatic blanket of fair use.

It is very easy to think this way, "can a non-profit organization publicly distribute, duplicate and/or make a derivative work of Disney songs without payment or concent of the copyright owner?"

Of course, not.

However, purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research could constitute the fair use in the US. Therefore, I do feel if the OC reMix to do it right, they should take some of those ways (in other words, they have to stand on either critical creativity, or academic research).

"They are fan-made staff, and we are non-profit, so please let us go" route would fail if the lawsuite was set.
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  #34  
Old Feb 19, 2019, 01:29 PM
GermanSeabass GermanSeabass is offline
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Quote:
Originally Posted by Kentaro Sato View Post
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 View Post
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...
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.

Quote:
Originally Posted by Jazz Paladin View Post
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...
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.
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Last edited by GermanSeabass; Feb 19, 2019 at 01:31 PM. Reason: more words, clarity
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  #35  
Old Feb 19, 2019, 06:11 PM
Kentaro Sato Kentaro Sato is offline
 
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Quote:
Originally Posted by GermanSeabass View Post
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.
.
NO. The link that I provided doesn't state what you wrote.

1)
I have checked JASRAC, and they stated they collect fee for member's work only, period. Some fee might end up there by mistake, but that doesn't mean the user get license. JASRAC is not authorized to give any permission for non-member works.
A pontential cover artist does need to get an license individually for a work by non-member, and JASRAC cannot help on this regard.

The copyright owner have to agree to give retroactive permission to the users in exchange for fee, when the copyright owner becomes a member of PRO.
Therefore, if the copyright owner wants to have a power to individually give license, then he must not join the PRO.
In other words, joining a PRO is a choice, and not a requirment (not responsility, of course). The copyright law and international treaties clearly gurantee this.


2)
The arrangment and the moral right permission should be obtained for member works as well in Japan. This is because any change could be considered the violation, and it became industry pratice in Japan, ever since one lawsuite known as "Daichi Sansho Jiken."
A rockband was sued based on the violation of making a derivative work, and the moral right for a recording of a rock version of a famous choral work written by a JASRAC member.


3)
In order to consider a work to be orphan, you have to prove that the copyright owner is now clearly unknown from the general public eyes.
Works by famous author or a company which exist, will not be considered to be orphon. This is because not answering the potential users is considered to be a choice.
Permission to use a oprphan work may be obtained only from the Ministry of Culture.

Last edited by Kentaro Sato; Feb 20, 2019 at 10:23 AM.
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