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-   -   Does This Count as Permission for Pokemon Game Music? (http://www.flashflashrevolution.com/vbz/showthread.php?t=131492)

drizzleRomanceGirl 08-23-2013 08:20 PM

Does This Count as Permission for Pokemon Game Music?
 
1 Attachment(s)
Please make sure you know a lot about copyright laws before you answer this question. ^.^

Attachment 35069

Does this e-mail count as permission to use Pokemon game music? Nintendo told me that if we don't need permission from them for copyright laws, then it will be fine to use original Pokemon music; will this e-mail be okay since Nintendo isn't against it if it doesn't require their formal permission? We aren't making any money from these songs, so it seems like they wouldn't need to administer Flash Flash Revolution, but I would like someone with adequate knowledge of copyright laws to confirm.

Thank you in advance! :)

Arkuski 08-23-2013 08:40 PM

Re: Does This Count as Permission for Pokemon Game Music?
 
If it's not legal, chances are that FFR will simply receive a cease and desist letter

Xiz 08-23-2013 08:43 PM

Re: Does This Count as Permission for Pokemon Game Music?
 
So close...

bmah 08-23-2013 08:47 PM

Re: Does This Count as Permission for Pokemon Game Music?
 
I dunno if this works but maybe someone should ask the specifics here?

http://www.avvo.com/free-legal-advice

You can't really rely on FFR for proper "legal counsel".

drizzleRomanceGirl 08-23-2013 09:22 PM

Re: Does This Count as Permission for Pokemon Game Music?
 
Quote:

Originally Posted by bmah (Post 3963552)
I dunno if this works but maybe someone should ask the specifics here?

http://www.avvo.com/free-legal-advice

You can't really rely on FFR for proper "legal counsel".

Okay, I have posted my question on that website. ^.^

http://www.avvo.com/legal-answers/wi...published=true

*edit* I don't have the money to hire an attorney to find out whether we can use the Pokemon Games as fair use for this non-profit website (FFR). *sigh*

mi40 08-23-2013 09:53 PM

Re: Does This Count as Permission for Pokemon Game Music?
 
"although we are unable to grant permission"

hopefully that's clear enough

drizzleRomanceGirl 08-23-2013 09:57 PM

Re: Does This Count as Permission for Pokemon Game Music?
 
Quote:

Originally Posted by mi40 (Post 3963572)
"although we are unable to grant permission"

hopefully that's clear enough

Yes, but since this website is a non-profit website (I think), it should qualify us as fair-use for songs that we don't make any profit off of.

popsicle_3000 08-24-2013 04:13 AM

Re: Does This Count as Permission for Pokemon Game Music?
 
Quote:

Originally Posted by mi40 (Post 3963572)
"although we are unable to grant permission"

"use without permission might still be allowed"

XelNya 08-24-2013 04:24 AM

Re: Does This Count as Permission for Pokemon Game Music?
 
A relative of mine is becoming an attorney, I could ask her to look into it because of curiosity.

Pseudo Enigma 08-24-2013 04:27 AM

Re: Does This Count as Permission for Pokemon Game Music?
 
I really don't understand why we can't use copyright songs in FFR. We don't have DL link for songs anywhere, and we don't sell anything. Why are musicians so picky? D:

Wayward Vagabond 08-24-2013 04:50 AM

Re: Does This Count as Permission for Pokemon Game Music?
 
Quote:

Originally Posted by drizzleRomanceGirl (Post 3963561)
Okay, I have posted my question on that website. ^.^

http://www.avvo.com/legal-answers/wi...published=true

*edit* I don't have the money to hire an attorney to find out whether we can use the Pokemon Games as fair use for this non-profit website (FFR). *sigh*

Three answers and there you go. Hire an attourney plz

Nick Skyline 08-24-2013 06:59 AM

Re: Does This Count as Permission for Pokemon Game Music?
 
Quote:

While we are grateful for all the requests we receive for permision to use Nintendo properties, we receive thousands of requests and do not have adequate staff to review tham all. Therefore, our general policy is to decline all such requests, no exceptions. I realize this isn't what you wanted to hear and thank you for your undertanding.
It says clearly in the e-mail that Nintendo is unable to grant permission. So that means you cannot use anything from Nintendo and step it for FFR. A Stepmania pack is alright, but not FFR.

I'm sorry, but this is Nintendo's policy, not mine.

bmah 08-24-2013 12:46 PM

Re: Does This Count as Permission for Pokemon Game Music?
 
But drizzleromancegirl is asking about the last paragraph in the email. Simply highlighting what was stated in the first half of the email does not solve the question posed regarding the last paragraph.

Xiz 08-24-2013 12:50 PM

Re: Does This Count as Permission for Pokemon Game Music?
 
Quote:

Originally Posted by Nick Skyline (Post 3963757)
It says clearly in the e-mail that Nintendo is unable to grant permission. So that means you cannot use anything from Nintendo and step it for FFR. A Stepmania pack is alright, but not FFR.

I'm sorry, but this is Nintendo's policy, not mine.

That's not what it means.

Because they don't have staff that can deeply look into our website, to play it safe they are saying no in regards to allowing us to do whatever they want with their music to a full extent.

That response is not banning FFR from anything and everything related to Nintendo, but denying the full extended usage and ownage of their said property in FFR.

For example, using the full uncut Super Smash Brothers Theme is not allowed. A shortened, cut version can be used under Fair Use. However, that is a different augment I bring up on FFR, found in this thread:
http://www.flashflashrevolution.com/...33#post3963833


EDIT:
However, since there is documentation stating Nintendo saying no to anything in relation to FFR, I would send another email to Nintendo worded different in terms of Fair Use.
Unless another email is sent worded differently, and unless they actually get an individual to look into the website as a full, I would steer away from anything Nintendo as of now just to play it safe. If we use anything of Nintendo in FFR as of now after they already sent us a documentation saying no, a C&D letter can be sent to FFR due to lack of compliance on our part due to the wording of this letter.


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