# Using a song from a game as an intro



## Dr Muerte21 (Sep 7, 2012)

For my band we wanted to use a song from a game. I had change the song by adding filters ect. Can I do this or is it copyrighting.


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## The Reverend (Sep 7, 2012)

I doubt you'll get sued for it anytime soon. I remember a few years ago a lot of touring bands were using the Requiem For A Dream theme as a walk-on or intro song.


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## Dr Muerte21 (Sep 7, 2012)

Is it good as long as you change the song like adding filters and eq.


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## Fiction (Sep 8, 2012)

Adding filters and eq doesn't change the fact it's someone else's music, I'm not sure wether you're allowed to use it as walk out music or not, but if you aren't allowed a pitch shift or eq change won't help fix that.


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## Winspear (Sep 8, 2012)

Yeah it's most definitely not legal but neither is playing covers live without filling out forms and stuff - betcha didn't know that! 
All in all in the small game it really doesn't matter and nobody is going to bother chasing you up for it. Just be aware.


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## polarbeast666 (Sep 8, 2012)

eh screw america. We all bitch about freedom of speech then we try to censor everything


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## Saidincontext (Sep 8, 2012)

To avoid Copyright:
You must change anything at least 30% from it's original design.
I know this because my chick is a tattoo artist/graphic designer


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## Fiction (Sep 8, 2012)

Saidincontext said:


> To avoid Copyright:
> You must change anything at least 30% from it's original design.
> I know this because my chick is a tattoo artist/graphic designer



You can only adapt if it's under the fair use agreement (Or part of Creative Commons), and if it isn't you *must* get the copyright owners permission.

If its copyrighted and you're taken to court the argument that you've changed the tempo, added a 3khz boost and pitch shifted the chorus won't hold up


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## Saidincontext (Sep 8, 2012)

Fiction said:


> You can only adapt if it's under the fair use agreement (Or part of Creative Commons), and if it isn't you *must* get the copyright owners permission.
> 
> If its copyrighted and you're taken to court the argument that you've changed the tempo, added a 3khz boost and pitch shifted the chorus won't hold up



Oh you went to court for this?


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## Dr Muerte21 (Sep 8, 2012)

The song is about 30 sec long but I layered it, change the order how the song goes, the original song is about 2 min. I just want to make sure i can do this because i don't want to get sued.


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## The Reverend (Sep 8, 2012)

Again, unless you're playing in a stadium every night to sold out crowds, no one is going to come sue you. You're fine dude, quit stressing.


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## Zoosadist (Sep 8, 2012)

The theme from Max Payne


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## McBonez (Sep 8, 2012)

^

This guy totally missed the whole point of this thread..


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## Fiction (Sep 8, 2012)

Saidincontext said:


> Oh you went to court for this?



No, but that is a fact. There is nothing to copyright laws that says if you modify something by 30% it nulls the copyright, that's ridiculous.

And I'm not saying you're going to get sued, you should be fine and its the same deal with playing covers basically


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## Augminished (Sep 9, 2012)

Saidincontext said:


> To avoid Copyright:
> You must change anything at least 30% from it's original design.
> I know this because my chick is a tattoo artist/graphic designer



Copy-written music is different then art or graphic design. Its really basic music business but mostly what people don't want is you selling their music and claiming it as your own. I have copyrighted music for a few artists that I have recorded and that is always their concern.

But dude seriously you won't have an issue. Unless its a super famous video game most people won't recognize it and those that do with hopefully think its awesome. You are pretty much just sampling a few seconds of someones work. What do you think most underground DJ's do?


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## Kiwimetal101 (Sep 11, 2012)

I cant imagine anyone suing over something like this.. If anything its free advertising.. 

Unless Nickelback decided to use your song for their intro, then I'd be calling the lawyers..


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## Bloody_Inferno (Sep 11, 2012)

The Reverend said:


> Again, unless you're playing in a stadium every night to sold out crowds, no one is going to come sue you. You're fine dude, quit stressing.



Pretty much. Hell I did this with my first band all the time. I've used all sorts of game music as intro themes and I never had Konami or Square Enix lawyers knocking on my door.


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## Lirtle (Sep 11, 2012)

Dude youre fine. It sounds like youre reappropriating it enough as is.


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## iRaiseTheDead (Sep 12, 2012)

Go for it. Pay later 

Haha no but I think you're fine man. One show isn't going to kill you, right?


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## Divinehippie (Sep 13, 2012)

Saidincontext said:


> To avoid Copyright:
> You must change anything at least 30% from it's original design.
> I know this because my chick is a tattoo artist/graphic designer


 
under pressure- Ice Ice baby i would shudder to think a high hat hit counts as 30% xD. 

anyways just go for it OP as others have said no one is going to sue you mate unless you're playing sold out shows every night for thousands of people while wiping your ass with a copy of the game. i think you'll be just fine


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## WarriorOfMetal (Sep 13, 2012)

Most venues have PRO (ASCAP/BMI/SESAC) licenses in the US, to allow for exactly this sort of thing, as well as bands playing covers.

Think of it this way...if a venue can play music over the PA between bands, you're essentially doing the same thing.


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## Ghost40 (Sep 13, 2012)

> I cant imagine anyone suing over something like this.. If anything its free advertising..



Unless its Metallica....


I wouldn't worry about it man. But if you do get sued, think about the free press!!!


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## Dr Muerte21 (Sep 13, 2012)

Thanks for all the feedback guys. My band is just starting out so i dont think it will be a problem at all. You cant even tell what the song is from thats how much i mixed it up but is sounds so epic.


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## Divided-Divine (Sep 14, 2012)

As the others have said, you`ll be fine, at least `till you get famous


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## Dr Muerte21 (Sep 14, 2012)

Divided-Divine said:


> As the others have said, you`ll be fine, at least `till you get famous



Iam shure by the time we do get famous or not we wil have something better than a video game song as an intro.


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## sage (Sep 14, 2012)

OK, here is the real scoop on this: 

If you were to play the music from the game as your intro, the venue would be responsible for paying royalties to ASCAP or whichever body the music publisher used. That's all. Same goes for if you perform a cover. It's the band's responsibility to fill out the forms, it's the venue's responsibility to pay the royalties for the music performed. If you're smart, you register all of your band's compositions with ASCAP. Then, all your radio plays and all performances of your songs are royalty eligible. The venue is supposed to have a running account of the playlist for the evening, including all of the music played by the DJ, so they can report to ASCAP and pay the fees.

Because you have inherently rearranged the music, you can actually register the new version of the song as your own creation as long as you clear the use of the samples with the body that holds the publishing rights to the song (not necessarily the original composer). There's a whole mess of stuff on wikipedia about sampling and legal issues surrounding them. Just reading up on Deadmau5's Grey Album, a whole album based on Beatles samples is frickin' mind boggling. Then, you'd get a portion and the original composer would get a portion of the royalties, as long as you filled out the appropriate paperwork. Though, in reality, you'd be just fine saying "We used this composition as our intro" and letting the publisher receive the whole $1.25 (or whatever it is now). You'd really only have to go through the trouble of registering the composition if you were planning on using it as part of a recorded album or selling it as your own work.

In the 90s, my band used to perform an arrangement of "The Imperial March" from Star Wars as our intro. It lead really nicely into our first song. We'd fill out the paperwork and I'm pretty sure John Williams was pretty fucking stoked with the $35 he made off of us that year. (not) 

On the topic of paperwork, what is it with bands these days not registering their original compositions with ASCAP (SOCAN here in Canada)? Gee whiz. That stuff was put together so you can get PAID for your intellectual property. I know the paperwork is a pain in the balls, but it's there to protect you. I also know that the venues pressure young bands to perform without filling out the papers so they don't have to pay the measly $50 or whatever per night for royalties, but it's part of the deal. Know what your rights and responsibilities are and you won't have to worry about whether you're getting fucked over for using videogame music as an intro.


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## Dr Muerte21 (Sep 14, 2012)

sage said:


> OK, here is the real scoop on this:
> 
> If you were to play the music from the game as your intro, the venue would be responsible for paying royalties to ASCAP or whichever body the music publisher used. That's all. Same goes for if you perform a cover. It's the band's responsibility to fill out the forms, it's the venue's responsibility to pay the royalties for the music performed. If you're smart, you register all of your band's compositions with ASCAP. Then, all your radio plays and all performances of your songs are royalty eligible. The venue is supposed to have a running account of the playlist for the evening, including all of the music played by the DJ, so they can report to ASCAP and pay the fees.
> 
> ...



Thanks for all that information.


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## The Reverend (Sep 14, 2012)

Who does that whole ASCAP thing, anyway? Specifically speaking about venues?


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## sage (Sep 15, 2012)

It depends on the gig. Usually, the promoter is responsible for getting all playlists to the owner or manager. The venue has an account. They submit the sheets to ASCAP. ASCAP bills them for the music performed or played by the dj. ASCAP then pays the artist. We used to get like a $200 cheque (really small band, limited college airplay of one song) every year and that would be the kegger money.


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## iRaiseTheDead (Sep 23, 2012)

How was the show?


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## Dr Muerte21 (Sep 24, 2012)

iRaiseTheDead said:


> How was the show?



We didn't play a show yet iam just trying to make sure i could do this when we actually have a show.


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