[ebuch]

I don't claim to be a professional in the copyright field, but I do have a few bits of knowledge and experience I've picked up in the last year or so. Allow me to address a couple of your points.

Originally Posted by The Coop

- To the best of my knowledge, the previous albums were never sold, nor were they a selling point for a fundraiser. They only got released on the website (and mirroring sites/torrents), free for everyone to download, and that was that. As such, no licensing was required because no money was required to get an item/download.

There are a few widely-held copyright myths regarding licensing and remixes.. One is that "remixes given away for free don't need licensing," and similarly, "remixes given away for free don't need to disburse royalties to the copyright holder."

The first one isn't true UNLESS it falls under Fair Use, which remember is a defense, not a right. Fair Use can't stop someone from suing you, and if that happens it's your responsibility to prove you weren't infringing on someone else's copyright. Statutory damages of several thousand dollars. Fair Use is decided on a case-by-case basis, so only a copyright judge is going to be able to decide whether or not something falls under Fair Use.

As for the second myth, copyright law requires a specific number of cents to be paid to the copyright holder for each composition, rather than a percentage of the sale price. The only way around this is to make an agreement with the owner to either waive or lessen the statutory royalty amount.

Does this mean that OCR (or insert other X artist here) could some day be held liable for tens or hundreds of thousands of dollars in due royalty fees? Well, no. But the artists who submit their works to OCR could be, as they are the sole owners of their material. (It's in the Content Policy). Is this likely to happen? With current legislation, no. It would (probably) not be worthwhile for game companies to hunt down artists and hand out lawsuits. However, if new legislation passes that changed things to make it actually worthwhile for large game companies to do so, there's not much really stopping them. We've won the SOPA war for now, thankfully.

Of course, none of us think that what we're doing is actually wrong or worthy of being prosecuted. We assume that game companies don't mind our infringing actions, but only because they haven't sued anyone yet. Yeah, some companies are very open about the remixing community, (looking at you, Capcom), but should we really assume that all companies see releasing unlicensed remixes as acceptable behavior? Remember, when remixes are licensed and paying royalties, the copyright holder is making money. When unlicensed remixes are given away for free, the composer (or other copyright holder) loses out on that royalty money. Most people, (especially companies), don't like missing out on free revenue.

In the case of the Kickstarter, (this is purely my speculation), it probably appeared to SE that OCR was using Kickstarter to "sell" the physical albums without proper licensing and paying royalties (though there may have been plans to do so). This of course reinforces the belief that game companies currently draw the line of morality at the point where money becomes involved. Obviously we won't find out until we see what happens next after their internal discussions, but if I had to make a guess I would say the outcome will be that OCR will make an agreement to pay royalties for all of the physical albums "sold," and possibly even a flat-rate one-time royalty fee to cover all of the free downloads on the site. It's anyone's guess.

- Square-Enix, and indeed, any IP holder whose music has been remixed, would be perfectly within their rights to request that OCR no longer host music based on their respective IPs. So if Konami decided that they didn't want Castlevania remixes on here anymore, they could draw up a C&D or what have you, and tell djp to remove the music in question, or face legal consequences. Maybe they'd win in court, maybe djp would win. But it's Konami's IP being used as a source material, and they can defend it however they wish (regardless of how frivolous it comes across).

This is exactly right, though the worst case scenario could even include statutory damages.

OCR continues to host free remixes through the good graces of IP holders. In fact, those who make remixes in general are able to put them out there for free for the same reason. Not because they're untouchable by law, but because the companies (for the moment) don't really have an issue with it as long as it's free. But when money starts being handed over to gain a physical item filled with remixes, or to download an MP3 remix, then things get hairier, and the chances of lawyers getting involved goes up. That's when it gets easier for a company to see it as people making money off of their IP, without their permission. Then you get projects being shut down, and small children weeping openly in the streets as dismay fills their hearts.

Again, I wouldn't put so much faith in the companies not taking an issue to infringing remixes given away for free. It's entirely possible that it's just not worth it to the companies until money becomes involved. Then it would likely make things more worthwhile, or at least easier to prove in court.

Just things to think about. I do hope both parties are able to reach a satisfactory mutual agreement.

Of course, it's entirely possible that SE is interested in partnering up with OCR and funding it themselves... :D

[Forrest]

Wow, just look away for a few days and then...Bam! 30 pages of guesses. Crazy.
I think the idea that 'patience is golden' stems from its rarity.

One mouth, two ears.

[Annie Felis]

Regardless of the outcome, I think we still will be able to look forward to a great album to listen to. OCR will finally have a FF6 album. That's all that matters.

[Psy_commando]

I really hate the current copyright system, and I hate where the big companies are trying to take it to (SOPA and etc..).

It was supposed to stimulate creativity by stopping people from copying each others, and yet it failed miserably at that ( modern 3d FPS anyone ? ). Instead its used to persecute fans, and people making videos of their dogs with retail music on YouTube ! There have been very few legitimate cases of companies copying or using assets from one another, as far as I know.
However I'm not saying copyrights are completely bad.They should just additionally protect the inevitable fans too, to a certain extent.

Anyways, sorry for the rant, I'm just butthurt about companies treating fans like crap..
You guys might want to contact the OTW or the EFF , maybe they can offer advice or support.

[Seraph]

I, for one, would gladly raise my pledge to match whatever Square-Enix wanted to drop on the project for royalties/licensing fees. If that means $100 to get the $50 reward, so be it. I've never been so excited about the prospect of buying a CD, and I don't care about cost at this point, I just want it.

Square-Enix is definitely not doing themselves any favors with this. Are they planning on re-releasing the soundtrack and are afraid this is going to impact sales? Or maybe they just see an opportunity to make a few bucks off a property that hasn't released anything music-related in over 4 years.

[zegota]

Originally Posted by Seraph

Or maybe they just see an opportunity to make a few bucks off a property that hasn't released anything music-related in over 4 years.

While I agree with you on the substance, this point is a little bit off. S-E has released arranged albums with songs from FFVI at a steady pace. In fact, Piano Opera IV/V/VI just came out a few months ago.

[DarkeSword]

Originally Posted by Seraph

I, for one, would gladly raise my pledge to match whatever Square-Enix wanted to drop on the project for royalties/licensing fees. If that means $100 to get the $50 reward, so be it. I've never been so excited about the prospect of buying a CD, and I don't care about cost at this point, I just want it.

Square-Enix is definitely not doing themselves any favors with this. Are they planning on re-releasing the soundtrack and are afraid this is going to impact sales? Or maybe they just see an opportunity to make a few bucks off a property that hasn't released anything music-related in over 4 years.

I think you shouldn't make assumptions about SE's intentions. Outrage isn't really going to accomplish anything.

[Kennedy]

After dealing with some copyright issues of my own in the past, I learned a lot about copyright law (for the better). I don't know what is going on, but I have an idea. I hope that Square is willing to work together with OCR on this, and I believe that they will. They have been generous to work with in the past. I wish I had the time to visit this community more, and be actively involved more but I will say this in an attempt to edify and encourage:

PEOPLE NEED TO BE EDUCATED ABOUT U.S. COPYRIGHT LAW.
(not yelling, just making a nice header) And especially this community. Just as we educate individuals about music here, we should also educate ourselves and others in the area of copyrights and music licensing. I've worked with far too many individuals in my days that take these laws for granted! I would NEVER wish ill of anyone, but the law is the law, and it is not to be taken lightly or swept under a table. Breaking it causes problems, and ignorance is not usually taken as an excuse! Believe it or not, I once had the HEAD of a music publishing company tell me to "just release" some music because it was such a small production that no one would notice or do anything about it. Can you believe that?!?!

Let me just say that from what I know about OCR, they would never willingly be part of, or support, something they believed would break the law. Sometimes our ignorance just catches up with us.

I don't have the time to write it all down in plain English for everyone here, so I will summarize greatly in the hopes that others not only be informed about copyright law, but also be encouraged to do the right thing when they are working with someone else's music.

It boils down to this:
In US copyright law, the copyright holder of any musical works is supposed to receive royalties on ANY and ALL reproduction of their music. (digital or tangible)...(exceptions and limitations are fair-use and parody use - see your copyright lawyer for details.) Law specifically states that this applies to "ANY/ALL UNITS SOLD AND/OR GIVEN AWAY." That last part is the real kicker.

It doesn't matter if you give someone else's music away for FREE, you still owe the copyright holder. It's a law designed to protect you, the copyright holder, not those who create or distribute arrangements of your copy-written works.

There are small exceptions to these rules, but the statement above holds true, and is the tree trunk and root of the music licensing system.

Free does not = copyright free.

I will say this from what I know about working with SquareEnix:
1. They are intent on upholding and protecting their copyrights.
2. They are very gracious and understanding.

I don't believe for a second that they "are out for blood" as some might think.

OCR will do the right thing, and I believe SE will be understanding. They have been very understanding with some of my past projects, and I have no doubt they will with OCR. It has always been my hope that, with whatever we do, we can support the copyright holders of our music, our community, and our awesome musicians that arrange these works. I hope this is a step further in that direction. It's certainly a project that is worth funding, and we have a lot of musicians worth paying royalties.

For those interested in obtaining mechanical licensing, I encourage you to checkout https://www.songclearance.com/ It is a much more simple way of using copyrighted works, and takes a lot of the headaches out of dealing with the Harry Fox Agency. Despite that, I strongly recommend contacting the copyright holders directly whenever you are able to. They not only usually secure you a much better rate, but it's just nice to know you're dealing with the owner directly. Cheers.

[ebuch]

Yep, exactly what that guy said.

[Bren]

It's a shame that this project has hit a road block. Here's to hoping it gets resolved in a way that everything can proceed according to the original plan.