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This is inevitable | |
Posted By: Narcogen <narcogen@rampancy.net> | Date: 7/28/05 12:54 a.m. |
In Response To: Machinama/Highlight Creators Beware! (kons0uL) : Anyone who has made machinama videos or highlight reels that have copyrighted
: As we all know this is pretty ridiculous. If anything, I am compelled to buy
Actually, no, we don't all know this. Perhaps one could construe it that you are legally obligated to buy the music after downloading a copy of it for free, but how in the world would this be enforced? I realize that hating the RIAA is cool. They are a large organization that produces nothing on their own, brings legal action against minors for doing things that everybody has been doing for so long that they think it's practically a God-given right, and to top it all off, they are seen as protecting the interests of publishing companies (which are also evil because, you know, they have a lot of money) rather than the musicians themselves (who, while also often rich, are not evil because they are talented. Sometimes.) Think about it this way: downloading music off the Internet for free means you are getting something you didn't pay for. Those who make this content available to you are violating the law. Why would this change at all with the addition of a video track? Most fan-made movies are musical montages. They are derivative works, but they are not parody or commentary; they are not a review of either the music or the game from which they draw nearly 100% of their content. Basically, authors are combining content from two sources, neither of which have provided expressed written permission, and then making this content available for free. Video from the game is probably not a problem for the game publishers: the video itself is not a substitute for the game, and as such all this does is promote the game. However, for the music content, if the song is included in decent quality and in its entirety (which in many cases is true) it is arguable that music is being distributed without permission. There are several conflicting reports out right now; it seems the RIAA is denying they have gone after either of the two game video sites in question. But neither have they said they'd never do it. At some point, I think it's inevitable they will. Is there a solution? Possibly. Perhaps game publishers should license a subset of popular music titles specially authorized for use in fan films, as they are the ones benefiting from the production of the vids. Or perhaps movie makers will have to stick to their own music, authorized music, public domain music and performances, or -- God forbid-- the soundtrack of the game itself. These kinds of movies have been made using commercial music for so long that everybody thinks it is OK and that they have a right to do it-- but that's not at all the case.
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