08-23-2013, 10:14 PM | #1 | ||
TWG Chaos
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Fair Use / Copyright Law & FFR
(I make this thread as an open discussion in regards to a permission request by DrizzleRomanceGirl. For that thread, click here.)
Over the past 10 years of FFR's existence, FFR has relied on being a non-profit where users have been needing to ask for permission from various artists / record labels for their music to be featured in our game. However, over the past few years internet law has changed dramatically, via the inclusions of Copyright Law sections 107 through 118. Quote from: Copyright.gov Quote:
While reading Copyright Law Chapter 1 (Found HERE) I came across this... Quote from Chapter 1 Section 9 of Copyright Law Quote:
TL;DR... as long as the song abides to the regulations stated above in bold, any music from any artist* under the fair use doctrine can be used on FFR for non-profit promotional use. This includes major record label artists and individuals. *(unless the artist / record label sends FFR a cease and desist letter for their particular musical works) These rules and regulations were not existant during the foundation of FFR's rules and guidelines. I feel that this might be an appropriate time to update FFR in accordance to the fair use doctrine in terms of copyright law. HOWEVER, I would argue that it should be required to send the artist a letter / email informing them of the fair use of their works. I am open to feedback. Thanks!
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Last edited by Xiz; 08-24-2013 at 01:01 PM.. |
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08-23-2013, 10:23 PM | #2 |
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Re: Fair Use / Copyright Law & FFR
awesome now i can step my world 2.0 finally! !
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08-23-2013, 10:23 PM | #3 |
🥓<strong><span style="col
Resident Overseer
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Re: Fair Use / Copyright Law & FFR
Definitely an interesting discussion topic. Can't say I really disagree or agree with this yet, still forming an opinion.
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08-23-2013, 10:25 PM | #4 |
TWG Chaos
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Re: Fair Use / Copyright Law & FFR
Remember, this has not been put into effect. This needs administrative criticism and approval before it can obviously be allowed.
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08-23-2013, 10:28 PM | #5 |
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Re: Fair Use / Copyright Law & FFR
when i was 13, i stepped my first file
there was no file that compared to my file and no file came between us who could ever come above it had me going crazy, oh i was starstruck it woke me up daily, don't need no starbucks
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08-23-2013, 10:31 PM | #6 |
Batch Manager
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Re: Fair Use / Copyright Law & FFR
Copyright laws are notorious for stating what you can't do, but they never really state what is fair use.
It entirely depends on whether or not FFR's stepfiles to the songs is considered fair use. I still think we should ask artists for permission first so they're also aware of their music getting more popularity, etc. |
08-23-2013, 10:35 PM | #7 | |
no
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Re: Fair Use / Copyright Law & FFR
Quote:
an admin or game manager can feel free to correct me if this isn't the case, though. Last edited by Fission; 08-23-2013 at 10:55 PM.. |
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08-23-2013, 10:38 PM | #8 |
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Re: Fair Use / Copyright Law & FFR
one day lil wayne's swat team will burst into ffr server room
glorious
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08-24-2013, 12:47 AM | #9 |
★★★★★
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Re: Fair Use / Copyright Law & FFR
Interesting read, I didn't know changes of the law in USA. At least it looks we don't have lawsuit risks from musicians as long as FFR is a non-profit game.
But like some people already said, we still should basically contact and get permission the person who has copyright for the song at least once, to avoid any troubles and negative emotions from the author, in my opinion. In case when the author doesn't respond to our e-mail for several times when we ask him/her in a legitimate way, we might be able to use the author's song until the author says no. I'm not making the final decision about this right now, though. Last edited by jimerax; 08-24-2013 at 12:56 AM.. |
08-24-2013, 12:54 AM | #10 |
shots FIRED
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Re: Fair Use / Copyright Law & FFR
My personal opinion is that this law should not give us blanket permission for all of the potentially applicable songs. Rather, this should be utilized on a case-by-case basis. Firstly, as many people have already stated, ask first if you're unsure. Secondly, the context in which the songs you want to step originally appear in matters: how were the songs originally utilized? On a site where the music can be downloaded by anyone? On a video game you've played?
So I personally think it's great that you've brought up this law, Xiz, and we'll certainly consider that when gathering future permissions, but it won't automatically nab us all sorts of permissions without some inspection first. |
08-24-2013, 01:02 AM | #11 |
2 is poo
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Re: Fair Use / Copyright Law & FFR
How does this effect songs/artists featured in DDR games, etc. who are already... "committed" to Konami (or whatever it is)?
I know EternuS still exists and all, but I'm pretty sure that file came before it was included in a DDR release anyway... I've been drinking, don't mind me. |
08-24-2013, 01:03 AM | #12 |
FFR Veteran
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Re: Fair Use / Copyright Law & FFR
Cool stuff ;o
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08-24-2013, 04:12 AM | #13 | |
Legendary Noob
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Re: Fair Use / Copyright Law & FFR
Quote:
it would be interesting to find a precedent to this. Does anyone know an online 'community' or 'collection', where as part of their website, they can host original stuff that is under copyright? I mean, imagine a site where everyone liked to read. it would get shut down pretty quickly if they were posting entire books for people to read... how cool would it be to get sandstorm in game. first one that came to mind, but the opportunities would be endless... I'd predict a huge new number of files that would be submitted. probably heaps of new players as well
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08-24-2013, 12:36 PM | #14 | |
TWG Chaos
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Re: Fair Use / Copyright Law & FFR
Quote:
1) The purpose and character of the use, including whether such use is of commercial nature or is for nonprofit educational purposes 2) The nature of the copyrighted work 3) The amount and substantiality of the portion used in relation to the copyrighted work as a whole 4) The effect of the use upon the potential market for, or value of, the copyrighted work 5) The distinction between what is fair use and what is infringement in a particular case will not always be clear or easily defined. There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission. In your example, the books need to be portions of said books, such as no more then 1-2 chapters. They cannot be books as a whole. For a nonprofit e-book website to work, it needs to give only a portion of the book, and links to credit the book / author where necessary. (Pretty much just linking to their website / or the About the Author page). Then again, books are WAY different then music. They fall under different Fair Use laws. Pretty much in relation to music for FFR, a cut must me made. So like for a 3 min song, it needs to be like a 1-2 min song cut. Also, Jimerax had the correct impression of what I was more getting at in a nutshell: It's considered free promotion as long as we do not profit off of their work, and give appropriate credit where necessary.
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08-26-2013, 01:02 AM | #15 |
FFR Veteran
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Re: Fair Use / Copyright Law & FFR
Xiz being a boss up in here.
FFR has been admirable in its use of permissions, and I think FFR is so great because it gives opportunities for independent artists to have their music used in the game. Let's just keep questionable copyrights in StepMania packs. |
08-26-2013, 01:25 AM | #16 |
Kawaii Desu Ne?
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Re: Fair Use / Copyright Law & FFR
As for a precedent, well osu! doesn't acquire any permissions iirc and from what I recall they are actually for-profit lmfao.
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08-26-2013, 01:26 AM | #17 |
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Re: Fair Use / Copyright Law & FFR
gg
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08-26-2013, 01:55 AM | #18 |
TWG Chaos
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Re: Fair Use / Copyright Law & FFR
Well, truth be told if anyone decides to whistle-blow on them, Osu! can be shut-down immediately and permanently if they are actually making a profit off of that game. Donations are perfectly acceptable because it falls into the non-profit category, but if there are any advertisements on the website, or real money purchases for levels / songs in the game (this includes online 'coin' transfers like bit-coins) then that is a huge violation of copyright law and the game owners and creators can get in trouble. If they do, they will most likely get a C&D letter. In business thats typically the appropriate course of action unless there is a significant profit being earned. If they fail to comply, then they will be in court in no time.
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08-26-2013, 02:02 AM | #19 | |
Kawaii Desu Ne?
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Re: Fair Use / Copyright Law & FFR
Quote:
Another thing I heard was that the money is used for the upkeep and maintenance of the site (which could possibly be considered non-profit if the cost of maintenance is equal to the amount of "donations"), but from what I've heard, the developer/owner of the game "Peppy" has quit his day job to entirely devote his time to osu so I figure he must be making some money to at least make a living of some sort, idk. |
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08-26-2013, 02:04 AM | #20 |
FFR Player
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Re: Fair Use / Copyright Law & FFR
that's definitely iffy but as long as those "additional features" don't include copy righted music, then it's good
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