[derako]

Originally Posted by 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.

Yes it's ashame that the kickstarter is on hold and may very well be shutdown indefinitely. But regardless of the fundraising effort, the music will be released on schedule. So at least that will happen on time.

-Derek

[Hyperion5182]

Originally Posted by DarkeSword

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

Actually his assumptions are based on the fact that square does sell the music for these games. That being said I dont believe its outrage right now. Outrage will happen if Square is unreasonable in what they want. I dont think anything is dead right now but one thing about lawyers is that they make the process take longer than it should.

[Variable Rush]

I know there's a problem going on with the project and hope it gets resolved soon, but one thing I'm wondering about is will our bank accounts still be debited the $50 or so we pledged tomorrow?

[DusK]

Originally Posted by Variable Rush

I know there's a problem going on with the project and hope it gets resolved soon, but one thing I'm wondering about is will our bank accounts still be debited the $50 or so we pledged tomorrow?

Nope.

/10char

[ZiriO]

Originally Posted by Variable Rush

I know there's a problem going on with the project and hope it gets resolved soon, but one thing I'm wondering about is will our bank accounts still be debited the $50 or so we pledged tomorrow?

Once the kickstarter was frozen I'm pretty sure that drops all potential monetary transactions that were attached to it.

[Sleepy Dream]

I'm worried, though, I didn't have time to register my pledge before the kickstarter was taken down. The original closing date will be tomorrow, if the original date will be kept. But if the case is resolved much later on, does this mean that only those who had the chance to contribute before the early take down will be able to pledge? Or, if the legal issues are resolved and the kickstarter project is revived, will there a be new ending date to compensate this two-three weeks it was down too early? Because I really would love to contribute to this fantastic project and get the physical CDs and some of the other extra perks.
(And sorry for my bad English, I'm not a native English speaker.)

[Melbu Frahma]

Originally Posted by Sleepy Dream

(And sorry for my bad English, I'm not a native English speaker.)

Your English is actually better than a lot of native speakers. No worries.

As to the rest: I imagine it's precisely those details they're trying to hammer out with SE as we type.

[Seraph]

Originally Posted by DarkeSword

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

Originally Posted by zegota

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.

I should clarify that I'm not really outraged at the idea of Square-Enix protecting what's theirs, it was mostly just a gut reaction I had to a great project getting shut down (at least temporarily). My original post came across as feeling entitled and, as zegota pointed out in his above-quoted message, uninformed. I had no idea that album had been released, and I obviously failed on my fact-finding mission before making that post.

That said, I stand behind the main point I was trying to make in the post; as long as the project is allowed to continue with the bonuses, I'll gladly raise my pledge to cover the additional costs.

[Kennedy]

While I cannot speak on behalf of any of the involved parties, I will offer what I know from experience about SE, Kickstarter, and legal settlements etc. To the best of my knowledge it will work like the following:

Legal issue arises.
Kickstarter page is taken down.
No transactions will go through at original deadline.
(A kickstarter page being taken down is as good as the kickstarter being cancelled.)
Legal issues are resolved between parties.
If SE permits the continuation of the project (which I believe they will) the kickstarter project is reopened with a fresh new deadline.
All previously involved pledgers will either be rolled back into the new kickstarter and/or be requested to make their pledges again.

Ba da bing.

In response to Seraph->
Although paying SE royalties will increase the cost of production, it should not be substantial enough for OCR to have to "up the ante". If SE only requires standard statutory rates, given the current projects volume of supporting fans, there is already more than enough to support hard copies and mechanical license fees etc. The only thing that I see may change is what bonuses may be offered and the methods by which they are distributed. This is all the more reason that I believe the kickstarter will be rehashed and started over after details are finalized.

The only thing that would change my view on this is if there are infringement fees up front that would further impede things.

[Unununium]

I know you're speaking in generalities here, not specifically about the FF6 project. So, generally speaking, would royalties/license fees apply only to distribution of physical media, or would they also be compelled for online distribution of music files? If the latter, would that restrict further redistribution?

Let's say OCR has a fund for paying royalties per download, and the fund is periodically replenished by fundraisers and/or good investment strategies. That's all well and good for the initial download, but then fans share the downloaded music amongst themselves; include it in derivative works such as re-remixes, compilations, YouTube videos, and school projects; DJ it at clubs; and broadcast it on electromagnetic and Internet radio. Could fans be exposed to legal challenges for failure to pay license fees to the video game companies? If so, at first glance it would seem nice if they could also tap into the OCR fund, but I fear there's potential for abuse, plus it would be burdensome to tally the number of times any given track has been redistributed across all forms of media. Consider the torrents. I see absolutely no way to monitor their use aside from logging *.torrent downloads from bt.ocremix.org and guessing that each such download amounts to one download of each file in the torrent and that no one will ever mirror or otherwise redistribute the *.torrent files or make magnet links.

Also, might it be possible that these restrictions apply only to tracks that include music from certain game companies? That could further complicate matters. Would OCR have to make arrangements with every game company, or only with those who contact OCR first? (Might this current episode with SE encourage others to come knocking?) Some tracks contain only brief quotations, and some tracks arrange work from multiple game companies (e.g. Livin' Large! softly plays around a dozen notes from FF9; the rest is from a VERY different game, incidentally from a company that no longer exists); how's that counted? Determining where the money needs to go could become a chore as difficult as obtaining the money in the first place or deciding how much of it needs to be disbursed.

Do you happen to know how these concerns apply outside of music? I'm thinking of cosplay, web comics, fan fiction, fan artwork, and dōjinshi featuring video game characters.

OCR and myriad others hope original copyright holders decline to sue and instead prefer to reap free publicity and goodwill. Our current situation suggests that tossing gobs of money into the mix upsets that fragile dynamic. We claim to be protected by Fair Use, but as ebuch says, it's a defense; even though we may prevail in court, we still have to get the lawyers involved. I find it rather telling that many fan sites say "please don't sue" in their "legal" disclaimer. I'd prefer to have a stronger legal foundation than trusting the copyright holders' kindness and PR sense.

I really hope I'm just blowing this out of proportion. If so, please explain to me what I'm missing.