Content policy question (permit from game companies)

[Eino Keskitalo]

I am assuming that while the content policy on reusing OC ReMixes is clear when it comes to arrangements themselves, there is still really no permit from the copyright holders of the original music (game companies).

 

Are there instances where there is no such gray area about re-using OC ReMixes? e.g. with Capcom or Square-Enix, with whom I understand OCR has some agreements (do they say anything about a third party re-using the arrangements)?

[DarkeSword]

Anything from For Everlasting Peace: 25 Years of Mega Man can't be used. MM25 isn't covered under OC ReMix's Content Policy; as a licensed, for-profit album, there's different set of rules. You can't post the tracks on YouTube and you can't use them as background music in your videos.

[Eino Keskitalo]

If there's an answer for other OCR music, it would be urgently useful for a video project.

[DarkeSword]

You need to be more specific than "a video project."

[Nabeel Ansari]

Everything OC ReMix does is through Fair Use (except for commercial stuff, and not sure about SF2T HDR). There is no such thing as "no gray area". A company who wants to legally attack you for using an OC ReMix (whose source is owned by them) can always do so if they wanted to, and there isn't any law or black and white legislation that says you can use *their IP* on *your project*.

[Eino Keskitalo]

Wow, I totally missed the replies.

The project in question would have been a freely streamable non-profit video (by a not-for-profit instance)  on Vimeo. I was wondering if tunes with Capcom sources are ok to use (according to Capcom) in non-OCR context. I believe OCR has an explicit right to post rearrangements from Capcom games. The question is, do usage rights transfer to third parties.

[djpretzel]

You are unlikely to get an official answer, and if you did, the official stance would most likely be that the company in question doesn't explicitly allow or forbid fan works, each case is different, etc.

That's how Fair Use works - most companies aren't going to go out on a limb and bless any & all fan works, as each instance of ostensible Fair Use can always be challenged, if needed, and they don't want to tie their own hands in that regard...

Someday, we'll start seeing games go back into the public domain as their copyright expires, and until then there's also the Tetris theme, which is a very old Russian folk theme

Our Content Policy is between you and us; no third party is weighing in. We haven't signed anything with Capcom that would be transferable in nature.

[Chernabogue]

Just wanted to add that since it's a remix, the remixer is the new author, since it's a new work (a few exceptions exist). In consequence, the only people you'd need to ask are OC ReMix and the remixer(s). The company has no right on your use of the remix, but could have some rights on the remix itself.

Also, don't forget fair use doesn't apply to everyone: only some countries like the US have it (for instance, France doesn't -- I just completed a 40-page file on YouTube and French law for my Master's degree ^^) You should check what's Finland's stance on the matter.

[Eino Keskitalo]

Thanks for the replies! Indeed, I should check the Finnish law as well. The Tetris case is a good point too - the nature of the source itself limits its usefulness I have to say.

One thing I can add myself is that some of the rightholders may well have licenced the music with a Creative Commons licence. Such is the case with Shovel Knight (scroll to the bottom). It's a rare case, but I think this is good information to add to OCR database at some point.. ?