Does this constitute copyright infringement?

[Spike]

Ok, I just want some opinions on this matter, a rather pelicular ones I think...

Well, you know about TW mods and the immersion factor right? and the one who can be considered vital point in immersion is musics and sounds, yes?

and you know, with the internet, there's a lot of "free music" for download, as well as musics that need to be paid, ah you know the copyright stuffs?

well, the problem is not mere piracy or using other's intellectual property, in fact, it's kinda the gray area of it, so. here's the explaination.

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I just browsing for musics suitable for a mod project that I worked on.

And I hear some really nice musics and that will be suitable a lot

Unfortunately, the musics is Protected, and I must pay for having the file, BUT, I can hear some parts of them for free in the internet (sample musics, kind of)

But, I can memorize, as well as play music (albeit with flaws, but we can improvise that, right?)

So, I just hear the free parts of that music with my friends, and then, after feeling it sufficient to memorize the song...

We just take Violin and Piano, and play that ourself

Well, and record that thing, and use this for mod music not the exact music, but... kinda improved things of that... well... with lower musical quality I guess, but it's still almost the same.

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technically, we didn't pirate the music right? and we record it ourself, and technically, it's an original musical instrument to file directly. And we didn't use that for profit

But, philoshopically, we did take their works... albeit not blatantly since playing musical instruments aren't that easy things to do....

so what do you think? does it considered piracy or not? playing others music and use it on our own?

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for extra info:
- the music is actually musical reconstructions of some ancient stuffs, well, philoshopically, it should be free to use as these music aren't really theirs, and it was more than hundreds of years ago
- but at their website, it was clearly written that "Unauthorized Distribution, Copying, and Pirating" (not sure about the exact stuffs), is prohibited and punishable under US law (well, we're not US citizens, but...)... dammit capitalistic and doing monetary values to civilization heritage...
- and thus, did playing the music on Real instrument and record our own play is piracy?

thanks

[Portuguese Rebel]

technically, we didn't pirate the music right? and we record it ourself, and technically, it's an original musical instrument to file directly. And we didn't use that for profit

I'm not a lawyer but i think as long as the music is recognizable you're still hitting the copyright issue. That's why there are bands suing each other all the time, even if some notes are changed.

[Bolkonsky]

It depends. If you take one of Brahms' pieces, and create a rendition to that, well, it's legal because the copyright on that music has expired. However, if you recreate someone's own rendition of a Brahms piece, then you're violating the copyright because you'd be copying their copy, which they hold the copyright to. They don't hold it to Brahms' music, but rather to their rendition of it.

Now with modern music (last 80 years or so) it's most likely all copyrighted, and therefore making any full scale reproductions of it would be illegal. If we're just talking a tune or a rhythm, it's not, but if you're pretty much copying the song, then yes, it's illegal. It's not piracy because you aren't stealing their piece of produced music, but rather copyright infringement and plagiarism.

[Diamat]

It depends. If you take one of Brahms' pieces, and create a rendition to that, well, it's legal because the copyright on that music has expired.

There was no copyright in Brahms' time.

[Spike]

It depends. If you take one of Brahms' pieces, and create a rendition to that, well, it's legal because the copyright on that music has expired. However, if you recreate someone's own rendition of a Brahms piece, then you're violating the copyright because you'd be copying their copy, which they hold the copyright to. They don't hold it to Brahms' music, but rather to their rendition of it.

Now with modern music (last 80 years or so) it's most likely all copyrighted, and therefore making any full scale reproductions of it would be illegal. If we're just talking a tune or a rhythm, it's not, but if you're pretty much copying the song, then yes, it's illegal. It's not piracy because you aren't stealing their piece of produced music, but rather copyright infringement and plagiarism.

the fact is, the music itself IS re-creation and re-mix of ancient music, too bad, the one doing that thing IS a renowned musician and pretty much err... "commercialistic" instead of "generous" one

and not to mention the record enterprise making that music is very much known for suing everyone

well, I guess they go too far this time, but...

[Veliky Kaiser Theos]

Wasn't there a time when music was an art, not an industry?

[Spike]

Wasn't there a time when music was an art, not an industry?

yeah, I think about that

[removeduser_4536284751384]

Just use it in your mod. Sure, you're not supposed to, but you're not making any money out of the mod and you're not likely to be sued. You will only increase interest in the work.

[LSJ]

If you distribute covers of other people's music then technically you are supposed to arrange royalty payments (according to US law). However, in the case of 'amateur' reproductions distributed for free in a mod, where there is no competition (unless you can make it as good as the original), no one will pursue such a case.

It's like those people playing heavy metal songs on Youtube; copyright holders such as Warner Bros, who are very active on that site forcing Youtube to delete many videos, do nothing about independant covers. They really don't care until you either become popular or start selling.

[Col. Tartleton]

Music doesn't belong to anybody... it's God's music...