Does This Count as Permission for Pokemon Game Music?

[drizzleRomanceGirl]

Please make sure you know a lot about copyright laws before you answer this question. ^.^

pokemonGamesPossiblePermission.jpg

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]

If it's not legal, chances are that FFR will simply receive a cease and desist letter

[Xiz]

So close...

[bmah]

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]

Originally Posted by bmah

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]

"although we are unable to grant permission"

hopefully that's clear enough

[drizzleRomanceGirl]

Originally Posted by mi40

"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]

Originally Posted by mi40

"although we are unable to grant permission"

"use without permission might still be allowed"

[XelNya]

A relative of mine is becoming an attorney, I could ask her to look into it because of curiosity.

[Pseudo Enigma]

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]

Originally Posted by drizzleRomanceGirl

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]

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]

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]

Originally Posted by Nick Skyline

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.