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Is this legal? (using samples from older games)


Demko
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Hey, everyone.

I am composing music for a commercial game by using samples from 16-bit osts (drums/synths). Is that okay? Or am I at the mercy of each music owner?

I contacted Tommy Tallarico and he told me no one would probably care at this point. But I just want to be sure I'm not doing anything illicit.

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"At the mercy of each music owner" is the correct answer.  Many won't care.  SquareEnix will shut you down hard, even if you release the game for free.  Others run the range.

You might want to consider using the samples not-quite out of the box.  For instance, you can use the VST C700 to load up the .spc file for a specific SNES game you want to sample, but then use the VST settings and tweak the parameters so that it's not quite an exact copy anymore.

If you're intentionally using the original samples as an homage, that's dangerous territory, especially for a commercial game, and it's definitely not a good idea to do it without permission.  You might be OK but you really don't want to get nailed for it.

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