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xoc plays Super Mario Bros 3


jmr
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Wait a second... isn't paying for this music kind of against the rules? I don't mean OCR, but, you know, the law?

He doesn't own the rights to it, and I don't see anything that says he was given permission to sell the music he doesn't own the rights to. Isn't this the very example of copyright infringement?

I know that we don't sell any music, because it's a legal issue. So why is this guy selling it, and why are people willing to help him profit from music that isn't his?

I might be missing some legal loophole or something; if I am, please correct me.

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I wondered the same thing.

And then I realized that it was xoc (!) covering Super Mario 3 (!!!!), and that there was no way that it could be wrong.

In all seriousness: he's giving the download away to people who 'donate' money (similar to how people who 'donate' to Metroid Metal get a sponsor CD and access to sponsor-only bonus material). I'm not quite sure if that's the 'legal loophole' you were looking for...

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Wait a second... isn't paying for this music kind of against the rules? I don't mean OCR, but, you know, the law?

He doesn't own the rights to it, and I don't see anything that says he was given permission to sell the music he doesn't own the rights to. Isn't this the very example of copyright infringement?

I know that we don't sell any music, because it's a legal issue. So why is this guy selling it, and why are people willing to help him profit from music that isn't his?

I might be missing some legal loophole or something; if I am, please correct me.

Well you better lock up those thieving mother fuckers, the OneUps because they selling all kinds of video game remixed shit!

I do believe that rearranging music falls under fair use of copyright. But I'm not some fancy, high priced city lawyer who focuses on copyright and neither are you all.

I'll download it because xoc is awesome in general and the SMW album was the shit.

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I'm pretty sure it was Mustin who declared that trying to contact the game companies and do royalties and all that has become such a failing effort that you might as well just release the stuff with their consent.

Because it's not like selling a $5 CD is going to prevent them from selling the gobs of DSs and Wiis they already have sold.

But anywho, will buy; sounds like it's going to be fantastic.

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Love how every. single. for. sale. remix. album. brings. up. legalities.

But for good reason.

And yeah, quote=Xenon Odyssey ftw

Boils down now, companies don't even WANT to mess with it. From NoA themselves - we're just not messing with it anymore. just do whatever, we love hearing it.

see: NINTENDO POWER covering Metroid Metal and OCR albums (neither of which are licensed).

I say do what Xoc is doing - bring the price down and just ask for a bit of bling to make a little scrilla for your hard work.

alright let's do this FOR THE SHOW

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Boils down now, companies don't even WANT to mess with it. From NoA themselves - we're just not messing with it anymore. just do whatever, we love hearing it.

see: NINTENDO POWER covering Metroid Metal and OCR albums (neither of which are licensed).

Glad you mentioned this. I'm working towards recording an album with my jazz quartet and was hoping to include a few vgm arrangements, but was dreading dealing with the licensing. I was actually going to ask you for some advice on the subject as I know you've dealt with the licensing stuff before, and that you've also made some vague comments in other forum threads about having largely given up on messing with it. Has Nintendo made a public statement of this anywhere, or is this a message you received from them personally, or was it just strongly implied in the aforementioned reviews? Depending on the situation I might end up writing some letters anyway just to try to keep myself out of any potential trouble.

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No one has gotten in trouble. Have you heard of anyone getting in trouble for video game music arrangements?

I think only Bobby Prince has said anything negative about it. Sure, companies have shut down GAMES, but not game MUSIC. Even Aksys, who kinda-sorta owns the rights to the Super Dodge Ball music said, "Well, we don't really know who actually does control the rights so whatever - we're behind you."

I say there's nothing to worry about.

I'm also not a lawyer.

the end.

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I'm no expert in the law but something tells me that when creating an unauthorized commercial derivative work out of essentially the entire musical soundtrack of a game one wouldn't have much luck pleading "fair use". I put my faith in the difference between what Nintendo can do in theory and what they are compelled to do in reality.

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Legal status is 99.9% of fan made isn't licensed and is illegal, but so is everything on this site, aside from the specific endorsements by composers on their copyright-owned material.

But again, how many game sites, game developers, and even game companies talk about, link to and endorse game music remixes?

Nobody. Cares.

How many game companies sought out video game music arrangements to put into their official game? Just one that I know of so far and it was for a project on this site.

If you want to care, that's cool. But bottom line - Xoc is a talented motherfucker and he deserves my $5 for this. I want to pay him. I did. You don't? Cool.

WE DID THIS FOR THE SHOW

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Legal status is 99.9% of fan made isn't licensed and is illegal

...

Nobody. Cares.

...

If you want to care, that's cool.

...

WE DID THIS FOR THE SHOW

Like I said, I trust Nintendo won't do anything about this project. I'm not condemning it or this site or saying anyone should be sued. It's just that someone suggested covering someone else's compositions for profit is "fair use", and this is clearly misinformation. That is ALL.

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Aren't there already a shitload of fan-made arrangement albums for that game Touhou? What's the legal status with them?

The Touhou series of games are independent, with all of them created by one guy (and he seems to endorse fan creations). Not quite the same as covering work from larger companies.

Speaking of larger companies, most of them are quite aware of the growing western remix scene, and are definitely aware of the huge doujin circles in Japan. They have essentially given up on taking any legal action against said doujin groups, and nowadays, even companies like SEGA are releasing remix albums at doujin events like Comiket and M3. They don't really seem to care anymore.

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  • 2 weeks later...
I'm no expert in the law but something tells me that when creating an unauthorized commercial derivative work out of essentially the entire musical soundtrack of a game one wouldn't have much luck pleading "fair use". I put my faith in the difference between what Nintendo can do in theory and what they are compelled to do in reality.
Wait a second... isn't paying for this music kind of against the rules? I don't mean OCR, but, you know, the law?

He doesn't own the rights to it, and I don't see anything that says he was given permission to sell the music he doesn't own the rights to. Isn't this the very example of copyright infringement?

I know that we don't sell any music, because it's a legal issue. So why is this guy selling it, and why are people willing to help him profit from music that isn't his?

I might be missing some legal loophole or something; if I am, please correct me.

It's 100% copyright infringement, I've never claimed fair use. But I'm definitely not the first, or the last - hasn't Nintendo Power featured a few of us in the past? If it really bothers you, don't buy it! Ask someone who has to send you a copy. :)

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