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Use of music for portfolio piece

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DrPudding

Junior Member
What is the name of your state (only U.S. law)? FL

I'm not very familiar with copyright law regarding the use of music. I am an animator interested in creating an animation to a particular piece of music from a video game soundtrack. I have no desire to monetize from it in any way, simply to create a portfolio piece and credit the owners. Given these intentions, is there any leeway in regards to me using it? Any information you can provide would be greatly appreciated. Thanks.
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? FL

I'm not very familiar with copyright law regarding the use of music. I am an animator interested in creating an animation to a particular piece of music from a video game soundtrack. I have no desire to monetize from it in any way, simply to create a portfolio piece and credit the owners. Given these intentions, is there any leeway in regards to me using it? Any information you can provide would be greatly appreciated. Thanks.
Contact the makers of the video game for information on obtaining a license to use their property.
 

quincy

Senior Member
What is the name of your state (only U.S. law)? FL

I'm not very familiar with copyright law regarding the use of music. I am an animator interested in creating an animation to a particular piece of music from a video game soundtrack. I have no desire to monetize from it in any way, simply to create a portfolio piece and credit the owners. Given these intentions, is there any leeway in regards to me using it? Any information you can provide would be greatly appreciated. Thanks.
I agree with Zigner that you should contact the holder of the copyrights in the video game soundtrack to inquire about obtaining a license to use the music for your animation.

Musical works often have two types of copyrights and two or more copyright holders. Copyrights can protect the songs and compositions (words and lyrics) and the sound recordings (musical arrangement and recording), so you may need to acquire permissions from more than one copyright holder. In addition, the video game owner may have licensing rights that must be considered.

Is your animation a work for a class at a college/university? In other words, does your work have an educational purpose?
 
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FlyingRon

Senior Member
Yes, alas, there are no compulsory/statutory rights for what you want to do. If you want to use the composition, you owe the author (or whatever publisher or whomever he has assigned the rights, too, which may be the video game company in some circumstances). If you want to actually use the sounds recorded from the game, you'll need to license that recording as well (again, this might be the video game company or whatever musicians they used).

The fact you aren't "monetizing" it means nothing. You're making a copy, you're using that copy to advance your personal business. It's not fair use in any form. Just giving credit to the people you're exploiting (in fact, you may not even know who they are to properly credit them) doesn't make it alright.
 

quincy

Senior Member
Yes, alas, there are no compulsory/statutory rights for what you want to do. If you want to use the composition, you owe the author (or whatever publisher or whomever he has assigned the rights, too, which may be the video game company in some circumstances). If you want to actually use the sounds recorded from the game, you'll need to license that recording as well (again, this might be the video game company or whatever musicians they used).

The fact you aren't "monetizing" it means nothing. You're making a copy, you're using that copy to advance your personal business. It's not fair use in any form. Just giving credit to the people you're exploiting (in fact, you may not even know who they are to properly credit them) doesn't make it alright.
Although I lean toward believing, as do you and Zigner, that permission will need to be granted by the copyright holder(s) prior to any use of the music, there has not been quite enough information provided to rule out entirely a "fair use" exception.
 

DrPudding

Junior Member
Thank you all for the replies.

No, this project is not for a class so it wouldn't fall under educational purposes. I am currently making the effort to get in touch with the company to see if they can provide me with any information on obtaining a license(s). I appreciate the advice and will hope for the best!
 

quincy

Senior Member
Thank you all for the replies.

No, this project is not for a class so it wouldn't fall under educational purposes. I am currently making the effort to get in touch with the company to see if they can provide me with any information on obtaining a license(s). I appreciate the advice and will hope for the best!
Good luck, DrPudding. We all appreciate the thanks.
 

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