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Kennedy

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Posts posted by Kennedy

  1. Nice job! Very well done considering there is no mixing afterwards.

    I'd go ahead and send that baby in! I was just sitting down to work on the Narshe piece myself, and then heard this. ...Made for a good jam session on my Shakuhachi^_^ Thanks for that!

    If you're looking for advice, my only suggestion for making it better is multi-tracking it so you can have more control in the mixdown of individual parts. ...but as it is now, it's still quite good.

    Well done for a live mix ^__^

  2. QUOTE

    I'm assuming that this is the answer to my question, then? Well, OK. Are the royalties going to Square Enix, since OCRemix is fundraising for FFVI-related stuff? Or is it specifically going to Nobuo Uematsu, since the Kickstarter is specifically about the music and not the game itself (with the exception of possible lyrics)?

    I can tell you that, at least from my own previous interactions with SquareEnix and Mr. Uematsu, that Mr. Uematsu does not directly receive royalties from SquareEnix. During one of my last conversations with them regarding royalties (sometime during FF9) all Uematsu's FF music copyrights were still property of SquareEnix directly. This meant that, essentially, his works were contracted and therefore owned by SquareEnix.

    That may have changed some point during the future... but I doubt it. My bet is that they still retain copyrights to all of Mr. Uematsu's music made under his employment with them. It was likely all considered a "works for hire".

  3. Nice to see things resolved. ...and congratulations OCR. I anticipate your original concerns will prove to be fruitful now that you are able to work directly with the copyright holders. This may be the beginning of a new venture for OCR in licensing and selling our hard-working musicians music!

    Provided that you have SE permission on similar works in the future, this is greatly beneficial for EVERYONE^_^

    I'm very happy to see things moving this direction. Please let me know if I can ever help.

    I'll be sure to send out a message to all my old PMM subscribers. This is definately worth the shout-out.

    Cheers! ^__^

  4. I have a question, hopefully it won't be taken the wrong way by anyone or cause any speculation~

    Is SE looking at any of our public information during these debates? Like are they reading this thread or other threads, checking our forum or artist profiles, or listening to the FF content on the site?

    Who can say? But it wouldn't surprise me. That said, depending on their perspective, they may or may not consider anything we say. The law is pretty clear, and they have a lot of rights. However, my experience with them shows that they are very mindful of those who have good intent and respect for the owners. It would certainly be beneficial for SE to listen to their own fans. I'm sure they will do what is best for both parties.

  5. 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?

    Unununium, royalties are required regardless of means of distribution. Record, CD, DVD, Radio, TV, digital downloads, etc. All those distribution formats have their own form of licensing and require royalties if the copyrighted works are distributed in any way. This, as you might assume, does have the potential to further restrict distribution for some. Usually you pay royalties for every single downloaded file. That being said, royalty rates are usually much less than the standard rates for distributing via CD etc. , and often times you can purchase "blanket" licensing, which provides even more savings to the distributor. Usually the only difficulty in distributing digitally is setting up and managing the information and money. Copyright owners usually require semi-annual notification and records of what has been distributed. This means you need to keep good records of transactions. There are a lot of methods for automating these things, but ultimately, it is one more thing in the whole process that will require someone's valuable time and energy.

    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.

    Absolutely right. Derivative works, re-mixes, compilations, YouTube videos, DJ'ing....it all requires licensing and/or permission from the original copyright holder. ...there are some exceptions (such as music that you have playing on a TV that is heard from another room etc.) But even in that case there are restrictions to the size of the room and the length of the audio transmissions into rooms etc.

    ...not to overburden you, but copyright law is very specific about all the things you mentioned. Yes, it is "unlikely" that a huge conglomerate will sue you for playing a piece of their music in your high school band...and I think anyone that would is probably just a jerk... ...but the fact of the matter is that...they do, indeed, have the right to. Quickly in regards to DJ'ing, most people don't realize that it is actually the club owners responsibility to ensure all music played in the club is cleared. Obviously this probably seldom happens, but they are legally responsible for what the DJ plays. Could fans be exposed? I can't say no to that. Anytime we don't respect the law, we have the potential to be "exposed". At the end of the day, it is always best to ask permission. ...forgiveness usually costs more.

    In regards to royalties paid via OCR and fans using it. I don't see how it would work unless fans pay for the downloads. ...but lets be honest, if you just paid the minimum for each track (paying royalties to both the copyright owner AND the musician that arranged the works) you'd likely be paying less than 25 cents per track. That's a steal.

    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.

    Yes. It is a lot to think about. I don't think we need to worry about people pounding on our doors, but when using someone elses intellectual property gets a lot of attention or funds raised...it can certainly complicate things for those who don't pay their respects. All these copyright restrictions pertain to ALL works sold and/or made available for distribution in the USA. It doesn't matter who made it, and where it's from. If they made it available in the US in any way, it can be licensed and is copyrighted. There are certain kinds of licensing for music that is mix and matched...and yes, it still requires permission. When I've done mixed arrangements for previous albums I owed licensing on every piece of music a track used. ...so for instance, if I played a 10 second melody from one song, then 10 seconds from another, and then followed it all with 3.5 minutes from another, I owed licensing on all three. *ouch*

    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.

    In regards to the cosplay/fan fics etc....I don't remember all the details offhand (and obviously I'm not a lawer) But it doesn't relate in any way to music licensing. I know that with music, there are few exceptions to paying royalties. However, my understanding of these other things is that (as they can all be creations based off of licensed 3rd party content) all of these things can fall under copyright violation if you are making a profit from it. Making your own shirt, costume, book, art...cool. Just don't sell it without permission.

    As for blowing things out of proportion...Nope, you've got it. You're not "entirely" blowing this out of proportion. Copyright law is a serious issue, and it's sadly one that (a) people know very little of, and (B) those that do know something about it don't like, think publishers are big selfish jerks, and so they ignore the law. Don't do that.

    Just for the record (and I wish I could remember my source so I could cite it) I recently read a study that revealed that out of all the people "losing" money from royalties, our "starving artists" are #1. They account for over 1 BILLION dollars of lost revenue annually due to illegal distribution and use. If I remember correctly, it was something so huge that out of all the money potentially lost by copyright infringement, the "big" companies only accounted for a very small percentage of that loss. Piracy really does hurt the small artists.

    Frankly, I'd like to see more support for our own artists. We have some amazing talent in this community.

  6. 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.

  7. 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.

  8. Ego stroked? (Check)

    Thank you all for the comments. I always enjoy getting feedback, even if it is negative. It's so interesting to see how people have different taste in music, much like food. Even if I think I've made a chocolate milk shake, there is always someone out there who won't like chocolate...as hard as that may be to imagine. *chuckle* (this analogy is not directed to anyone particular)

    That's what I love about music. Taking out the technical aspect of things, One mans trash is another mans treasure.

    Should I submit some of my unreleased stuff I made during my hiatus? It's not quite as good, but maybe someone can enjoy it.

    Thankyou Jade for your encouragement.

  9. Let me be clear about this. I've never had any plans to write off videogame music...or any other music for that matter. ^___^ I'm here for good, and you're going to start seeing more of me over the next year.

    More on that later. *wink* I would love to go to next years Magfest!

  10. JUST POSTED THIS TO THE MAILING LIST MEMBERS AND WANT TO GET THE WORD OUT HERE TOO^_^----------

    Greetings strangers!

    It has been a long time since we've last talked hasn't it^_^

    This is Stephen Kennedy from Project Majestic Mix. I'm going to keep this short and sweet for the time being, and you can bet on some more news in the near future regarding music. However, for now I thought it important to let you all in on something.

    In less than 24 hrs I will be personally getting to meet Nobuo Uematsu, the composer for the well known Final Fantasy series. I'm here in Chicago, IL for both concerts of the Final Fantasy concerts. Most people want to get Uematsu-sans autograph or a picture or a hug (personally, I'd like all three^_^) but I would like to have something to "give" him when I meet with him late Sunday night.

    I personally have a lot to thank him for. He encouraged me to pursue music and my dreams, his music has gotten me through some tough times, he's made me laugh, and cry, rekindled old friendships, brought strangers together, I've gotten to know and meet an amazing number of talented individuals, I've gotten to be in touch with all of you, and I even met and married Jana Kennedy, the most awesome woman in the world...all through the music of this man named Nobuo Uematsu. (and this is just the tip of the iceburg)

    What does this have to do with you? Glad you asked. In addition to thanking him for what he's done in "my" life, I also want to tell Uematsu-san how he has changed "your" lives. And so here are my questions for you:

    How has Nobuo Uematsu and/or his music changed your life?

    How has the music of Nobuo Uematsu influenced you? Any fond memories as a result?

    What is something meaningful that Nobuo Uematsu and/or his music has done for you?

    If this was/is the ONLY chance you had to tell Nobuo Uematsu what he's done for you, what would you tell him?

    Pick one.

    I know this is short notice, but I want all of your answers in my inbox by Sunday at 10am CST. I'll keep receiving them afterwards, and meet him that evening, but I can't guarantee he'll get anything past what I have at 10am due to my own schedule. I want to see them, and tell him. I'm going to try to consolidate and print them all out and give them to him.

    Email me by Sunday @ 10AM Central Standard Time.

    KENNEDYMOTIF@GMAIL.COM

    put UEMATSU-SAN as the subject.

  11. Are you using the actual "Fruity Soundfont Player" that is selectable in the "channels" menu? I've not had any problems with their player loading massive sf2 files. ...but I've never had one over a gig either.

    You can also the "Direct Wave" plugin that FL Studio provides. It will play soundfonts, gigs, kontakt etc.

    If you have used both, and neither work, then I recommend making sure your FL program is up to date.

  12. zikon, I believe it may be a combination of those things mentioned above. Bad speakers/phasing etc. Every speaker system has a unique frequency response/curve for reproducing sound. For that reason frequencies that are out of phase in one, may not be as prominent in another. Also, keep in mind that some sound systems employee additional effects to your audio such as SRS etc. These systems actually use phase techniques to shape audio. ...which of course isn't always desirable.

    I don't know how you are previewing things on all these different sources, but as I think Rozovian mentioned, you might want to make sure everything is exported first, and that you are using the same source to preview with. (i.e. an ipod and an mp3etc.)

    The best way to nail this is if you could save one of your smaller examples as an fl bundle file and post it here.

    That way we could at least try to replicate the problem to figure this out for you^_^

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