[HoboKa]

Originally Posted by Gario

Oh you guyz

lol...didn't catch that until now

[HoboKa]

Originally Posted by big giant circles

The reason that this is a gray area, and why we're probably not in the wrong (I mean after like 13-ish years of the site being up) is that we provide proper and full credit to composers, publishers, and copyright owners, and since this is a not-for-profit site that doesn't sell any of the music, then the work hosted here (if ever it falls under legal scrutiny) is likely going to be able to fall under the same category as mere fan art, which is also not illegal/criminal. It'd be like suing people for drawing pictures inspired by games on deviantart. The very worst OCR would ever get if it ever came to that would be a C&D I believe. And seeing as we're actually providing free marketing for hundreds of games and developers, I'd say that's pretty unlikely that it'll ever happen.

Well, that's a relief. http://www.youtube.com/watch?v=rmQFcVR6vEs

[AngelCityOutlaw]

Originally Posted by big giant circles

The reason that this is a gray area, and why we're probably not in the wrong (I mean after like 13-ish years of the site being up) is that we provide proper and full credit to composers, publishers, and copyright owners, and since this is a not-for-profit site that doesn't sell any of the music, then the work hosted here (if ever it falls under legal scrutiny) is likely going to be able to fall under the same category as mere fan art, which is also not illegal/criminal. It'd be like suing people for drawing pictures inspired by games on deviantart. The very worst OCR would ever get if it ever came to that would be a C&D I believe. And seeing as we're actually providing free marketing for hundreds of games and developers, I'd say that's pretty unlikely that it'll ever happen.

At this point, most all of the major companies seem to understand what OCR is all about and realize that taking down a harmless community such as this is a complete waste of time and resources. They even have their own remix contests going from time to time and let's not forget the whole Street Fighter II HD Remix thing.

Regardless, every one of those companies holds most, if not all of the rights to the music in their games. If there is any reason why they would want something removed, I'm willing to bet there is no legal reason why they could not have it removed.

I find it's really just record labels that are pricks when it comes to this sort of thing.

[Brandon Strader]

I don't know if Capcom is the best example, since they really just want to monetize people who remix their music.

But most vgm composers do seem to be humbled by remixes rather than insulted.

[DusK]

Originally Posted by Brandon Strader

I don't know if Capcom is the best example, since they really just want to monetize people who remix their music.

I'm pretty sure people didn't buy SSFIITHDR just to hear the remixed tracks that they could get for free. And I'm pretty sure people aren't buying the SF25th Collector's Set just to get their hands on a disc full of remixes also available for free. And I'm pretty sure that a $150 collector's set being given for free to each and every one of the musicians that are on the remix and original discs on that collector's set is a sizable expense for Capcom.

So really, they're losing money if anything. Voluntarily, of course.

[AngelCityOutlaw]

Exactly.

What I'm getting at here is that I think it's dangerous for people to assume that companies can't touch non-profit, fan works. They can.

[HoboKa]

Originally Posted by AngelCityOutlaw

Exactly.

What I'm getting at here is that I think it's dangerous for people to assume that companies can't touch non-profit, fan works. They can.

Yeah I'm always a little anxious of that possibility

Originally Posted by Brandon Strader

I don't know if Capcom is the best example, since they really just want to monetize people who remix their music.

But most vgm composers do seem to be humbled by remixes rather than insulted.

Capcom is also keen on gouging it's customers in almost every way possible - almost as bad as Nintendo and Acti-Blizzard. Also, what happens if their corporate goons and/or law division have a change in attitude towards these fanbased communities =/? Well, I guess that's sort of a rhetorical question - but it gets one thinking...perhaps a little too much lol

[K.B.]

"Illegal" and "gray area" are not the best descriptors.

Building off of what ACO said, and in layman terms (read: not a lawyer), owners of copyrighted material retain distribution rights and are allowed to issue C&Ds to any (non- "fair use") distribution of derivative material that isn't explicitly authorized. [Damages can be awarded in cases of for-profit distribution or when the value of copyrighted material is somehow harmed by the distribution.] But, while owners are completely within their right to pursue legal action, but law is irrelevant if things don't progress to that point. That is to say that it comes down to 'fan' intent and to what most benefits the owners first and foremost, which is what several people have been driving at and which is why OCR is fine. So if everybody's cool, there isn't anything illegal going on.

Also, while it hasn't been used here, I've seen fair use as a defense for fan works. I find this puzzling since it doesn't apply in the least.

Please correct me if I got something wrong.

[Rozovian]

In any case, ocr's a little more high-profile just for being organized, so we run a slightly higher risk of C&D's than any random remixer on youtube or wherever. If they wanna get us for competing for listeners of their soundtracks, that could be solved with a C&D... tho it's pretty bad PR.

On the other hand, C&Ds seem to be aimed at fan-games most of the time (anyone with stats on this can correct me if I'm wrong), because that's what the game companies make, that's the they distribute, that's what they primarily sell. Nobody in their right mind is gonna mistake an ocr album for the game itself, which isn't necessarily true for fangames.

[Benjamin Briggs]

Originally Posted by Nekofrog

Legal to sell, no.

yeah but you can and literally nothing happens

just being realistic