It's against ToS to use copyrighted material. IF it's royalty free music then it's best to link that on the description (or if permission was granted). otherwise it'll probably be taken down.
Nah, I just don't like to give copyright lawyers any reasons to try and shut down the modding community one day.
There's enough sites out there that host illegal content and one day it might very well cause enough of a stir that modding becomes unsupported by gaming developers and sites like Nexus may come under fire despite trying to enforce the right thing.
So yeah, just make mods that dont steal copyrighted material maybe?
Dam it , i hate that you are 100% right , I had to do some major cutting of songs in my mod due to copyrights , so i understand were you are comeing from ! All though a simple mod like this , should have no issues ! But who no's !
If it's like less than 10 seconds and used in parody format I think that may fall under fair use. Like even people can post full length songs on YouTube if it's used in parody
Even then, you are using material that belongs to someone else.
A (legal) parody doesnt use the actual music, it recreates it and modifies it. This would more fall under something like fan art, like recreating Cloud from final fantasy 7 in a game like Skyrim is OK under fan art laws, it is BASED off content, but straight ripping his character models would be copyright. Even fan art CAN be against copyright due to intellectual rights, though very rarely would this ever be pursued.
In this mods case, the audio used is a direct rip from the original song and therefore is copyright.
I would have loved to add the "Dracarys" audio from Game of Thrones to my Daenerys mod, but it doesnt belong to me so I couldn't. Even just a 1 second audio snippet from an entire 7 seasons of footage.
So, Fair Use allows for the use of copyrighted material, not just recreations resembling it. Samples of the actual music can be used in a new creation, if there is a reason (e.g. information, review, or parody) and the portion used is unlikely to interfere with the copyright holder's ability to sell the original product (e.g. six notes out of an entire song is pretty safe). There are some other factors that can affect a ruling, but those are kind of the big ones.
That said, a lot of corporations are prone to jumping the gun because they can get away with it, and that certainly includes record labels. The Nexus doesn't have time or resources to deal with such claims, even spurious ones that would be unlikely to hold up in court. Hence the TOS forbidding it in the first place.
TLR: it would probably be legal, but it might still violate TOS
(I am not a lawyer, I just read a lot about copyright law)
11 comments
IF it's royalty free music then it's best to link that on the description (or if permission was granted).
otherwise it'll probably be taken down.
There's enough sites out there that host illegal content and one day it might very well cause enough of a stir that modding becomes unsupported by gaming developers and sites like Nexus may come under fire despite trying to enforce the right thing.
So yeah, just make mods that dont steal copyrighted material maybe?
A (legal) parody doesnt use the actual music, it recreates it and modifies it.
This would more fall under something like fan art, like recreating Cloud from final fantasy 7 in a game like Skyrim is OK under fan art laws, it is BASED off content, but straight ripping his character models would be copyright.
Even fan art CAN be against copyright due to intellectual rights, though very rarely would this ever be pursued.
In this mods case, the audio used is a direct rip from the original song and therefore is copyright.
I would have loved to add the "Dracarys" audio from Game of Thrones to my Daenerys mod, but it doesnt belong to me so I couldn't. Even just a 1 second audio snippet from an entire 7 seasons of footage.
Thems the brakes.
That said, a lot of corporations are prone to jumping the gun because they can get away with it, and that certainly includes record labels. The Nexus doesn't have time or resources to deal with such claims, even spurious ones that would be unlikely to hold up in court. Hence the TOS forbidding it in the first place.
TL
(I am not a lawyer, I just read a lot about copyright law)