Black's Sci-fi Music Mod

Please post here for questions and discussion about scenario, art and sound modding and the game editor for Distant Worlds.

Moderators: Icemania, elliotg

HD140283
Posts: 4
Joined: Sat May 31, 2014 9:01 am

RE: Black's Sci-fi Music Mod

Post by HD140283 »

ORIGINAL: drillerman
2) You should be very careful when you call somebody a liar BlackAlpha. If we take a look at the Artem Bank website(h_ttp://artembank.bandcamp.com/album/star-ruler) we can see that the songs are free to download, but we can also see a symbol and a sentence at the bottom of the page which says:"all rights reserved". This is what Unforeseen was pointing at and that is the reason why is he saying that you should ask for the authors permission, because in this case you can download the song for free, but all the rights(distribution, performance, ...) are reserved to the artist.

Hmm, I think that's what I said.

Yes, that is what You said. It just took me so long to write my post that your managed to sneak in before I finished and sent mine.[:)]

ORIGINAL: BlackAlpha

All rights reserved doesn't actually mean much for copyright these days. Let me explain...

From Wikipedia:
"'All rights reserved' is a phrase that originated in copyright law as a formal requirement for copyright notice. It indicates that the copyright holder reserves, or holds for their own use, all the rights provided by copyright law, such as distribution, performance, and creation of derivative works; that is, they have not waived any such right. Copyright law in most countries no longer requires such notices, but the phrase persists. The original understanding of the phrase as relating specifically to copyright may have been supplanted by common usage of the phrase to refer to any legal right, although it is probably understood to refer at least to copyright."

Concerning copyright, it's basically outdated. Now, when you create something, it belongs to you with all the rights, unless you say otherwise (including though a contract, etc). But people prefer to still use it because it makes it harder for somebody else to "steal" their rights. It's basically what people use to avoid legal loopholes in certain countries that would nullify some of their rights.

So this doesn't change anything in the case of those specific Artem Bank soundtracks that he says are given away for free. It doesn't change anything for our purposes, at least. And to clarify, just because he's giving it away for free now, doesn't mean he's relinquishing any of his rights. He could change his mind and not make it free any longer and we'd need to obey his rules. We afterwards then wouldn't be able to say that "well, it was free, so now I'm going to sell it". He still owns the rights. But he still owns the rights even if he wouldn't have the "all rights reserved" notice. The "all rights reserved" notice can protect in certain cases against clever lawyers who in such scenarios would otherwise be able to steal his right to monetize his song, for example.

I hope that makes sense.


EDIT: About Artem Bank vs that Neuralknight example. If you intent to monetize their tracks, then you'd need to pay close attention to their rights/licenses. For our purposes this doesn't matter much since we are not making any money off it. Artem is basically making sure that he remains the owner of all the rights while giving his stuff away for free (you can see this by the wide usage of his music by "fans"). The other guy is relinquishing some of his rights entirely (probably because he doesn't care much about it). You generally need to state this on paper to make it happen in reality, hence his license. It's basically a different way of doing the same. They are basically doing the same as far as fans and non-profit is concerned, but they go about different ways of using the legal rules.

I read the wiki article before my first post, but I guess we just both understand it a bit differently.
BlackAlpha
Posts: 41
Joined: Sun Nov 26, 2006 6:01 pm

RE: Black's Sci-fi Music Mod

Post by BlackAlpha »

Well, the wiki even says so itself:
http://en.wikipedia.org/wiki/All_rights_reserved

Obsolescence
"The requirement to add the "all rights reserved" notice became essentially obsolete on August 23, 2000 when Nicaragua became the final member of the Buenos Aires Convention to also become a signatory to the Berne Convention. As of that date, every country that was a member of the Buenos Aires Convention (which is the only copyright treaty requiring this notice to be used) was also a member of Berne, which requires protection be granted without any formality of notice of copyright.[citation needed]
The phrase continues to hold popular currency and serves as a handy convention widely used by artists, writers, and content creators to prevent ambiguity and clearly spell out the warning that their content cannot be copied freely.[citation needed]"

By the way, another reason why some people use it is to indicate they hold all the rights in areas other than copyright. That is probably the most common reason for using that term. Sort of like "well, I don't really know law, but I guess if I say this I make sure no one runs off with any of my rights".
Hannable
Posts: 94
Joined: Mon Nov 04, 2013 4:37 am

RE: Black's Sci-fi Music Mod

Post by Hannable »

Well, actually, if the tracks are free to download ...

Why not just put this whole issue to bed by providing links to the download sites and let individuals download their own songs for the game.

There. Problem solved.

People get their music AND there is no copyright infringement.
"Only one human captain has survived battle with a Minbari fleet. He is behind me. You are in front of me. If you value your lives, be somewhere else." - Delenn of Minbar
BlackAlpha
Posts: 41
Joined: Sun Nov 26, 2006 6:01 pm

RE: Black's Sci-fi Music Mod

Post by BlackAlpha »

ORIGINAL: Hannable

Well, actually, if the tracks are free to download ...

Why not just put this whole issue to bed by providing links to the download sites and let individuals download their own songs for the game.

There. Problem solved.

People get their music AND there is no copyright infringement.

Well, you could say the same about any fan made product, then. Instead of creating a product, why don't you provide links to the source material and let people code/edit/remix/write/design/model their own thing. It's not as simple as that. In this case, almost half the tracks have been remixed. Almost all the tracks have had at least some minor editing done. That's beyond the scope of what most people can do.

Not to mention that if you would create such a mod yourself, and you don't make it comply will all rules of fair use, then you'd need to pay extremely close attention to the licenses of the music so that you don't do anything illegal. That's another thing that is beyond the scope of what most people can do (how to make stuff comply with fair use), because they lack the legal skills and knowledge in that regard. So the freedom to use the mod would then become very limited and the mod could technically only be used under very specific circumstances. While compared to something like this, you get a bit more freedom (you can download a mod as a whole that is complete without you needing to do any work), while benefiting all parties.
ORIGINAL: HD140283
but it just looks to me that Unforeseen is trying to make sure you have all this covered so that you don't get into any trouble

There are people who are being helpful, who are asking questions because they are genuinely concerned or curious - and then there are people who are being spiteful, are pretending to be your friend who's "making sure you won't get into any trouble", are pretending to know law while twisting said law and twisting facts to falsely incriminate you of pirating everything, including the game itself. Unforeseen is not the former, helpful person, but the latter.
User avatar
Unforeseen
Posts: 608
Joined: Tue Mar 26, 2013 4:08 am
Location: United States of Disease

RE: Black's Sci-fi Music Mod

Post by Unforeseen »

See all you keep doing is insulting me. You have even resorted to name calling. So who is the pretender? You have accused me of being a pirate as well if you don't remember. Stop trying to make yourself look like a victim. I asked for simple information and you refused to give it. You STILL haven't given any indication that you are actually within the law because you are NOT covered by fair use as i clearly pointed out with sources earlier. [BTW: Wikipedia is not a viable source because it is written by random people who may or may not know anything about the subject at all. It tends to have inaccurate information/dates etc]I also very clearly pointed out that fair use requires you to have permission to redistribute the material as a copy.

For anyone that missed it, i provided links concerning fair use and pointed out some key parts of it in posts earlier in the discussion. Throughout this conversation i have sourced my information.
BlackAlpha
Posts: 41
Joined: Sun Nov 26, 2006 6:01 pm

RE: Black's Sci-fi Music Mod

Post by BlackAlpha »

ORIGINAL: Unforeseen

See all you keep doing is insulting me. You have even resorted to name calling. So who is the pretender? You have accused me of being a pirate as well if you don't remember. Stop trying to make yourself look like a victim. I asked for simple information and you refused to give it. You STILL haven't given any indication that you are actually within the law because you are NOT covered by fair use as i clearly pointed out with sources earlier. [BTW: Wikipedia is not a viable source because it is written by random people who may or may not know anything about the subject at all. It tends to have inaccurate information/dates etc]I also very clearly pointed out that fair use requires you to have permission to redistribute the material as a copy.

For anyone that missed it, i provided links concerning fair use and pointed out some key parts of it in posts earlier in the discussion. Throughout this conversation i have sourced my information.

I highly doubt you even know how fair use works because you've explained it in a wrong manner before. I doubt, for instance, you can even explain why some mods on this forum are covered by fair use.
User avatar
Unforeseen
Posts: 608
Joined: Tue Mar 26, 2013 4:08 am
Location: United States of Disease

RE: Black's Sci-fi Music Mod

Post by Unforeseen »

Because they are covered as fan made. This isn't...
BlackAlpha
Posts: 41
Joined: Sun Nov 26, 2006 6:01 pm

RE: Black's Sci-fi Music Mod

Post by BlackAlpha »

Haha, yeah, now go point at the law that says that, Mr. I know how law works and I like to misquote it.
User avatar
Unforeseen
Posts: 608
Joined: Tue Mar 26, 2013 4:08 am
Location: United States of Disease

RE: Black's Sci-fi Music Mod

Post by Unforeseen »

What did i misquote?

Edit: See what you are unable to realize for some reason is that the difference between your "mod" and the mass effect mod for instance is that they are just taking bits and pieces and recreating it within Distant Worlds. You have simply taken someones music and put it in a folder, and then uploaded it. Even if you edited it, it still wouldn't be a fan recreation.

I feel as though you are twisting the meaning of basic concepts to try and justify your actions. How about i just contact Artem Bank and see what he has to say about all of this? Would you prefer that?
BlackAlpha
Posts: 41
Joined: Sun Nov 26, 2006 6:01 pm

RE: Black's Sci-fi Music Mod

Post by BlackAlpha »

ORIGINAL: Unforeseen

What did i misquote?

I'll take that as you not knowing the answer, then. And that's my point. You brought up some laws before, but you do not know how they apply, nor how they work. If you did, you'd be able to tell us why some other mods here are covered by fair use, for instance. Instead, you say "well, they are covered by some random law that I don't know about that maybe says that fan work is OK, but I don't really know because I just heard other people say it, so I just assumed it was true".

ORIGINAL: Unforeseen

Edit: See what you are unable to realize for some reason is that the difference between your "mod" and the mass effect mod for instance is that they are just taking bits and pieces and recreating it within Distant Worlds. You have simply taken someones music and put it in a folder, and then uploaded it. Even if you edited it, it still wouldn't be a fan recreation.

I feel as though you are twisting the meaning of basic concepts to try and justify your actions. How about i just contact Artem Bank and see what he has to say about all of this? Would you prefer that?

But you still fail to explain how Fair Use in particular applies to that. The law says nothing about "bits and pieces", does it. Yet, the mod is "sort of" covered by it.
User avatar
Unforeseen
Posts: 608
Joined: Tue Mar 26, 2013 4:08 am
Location: United States of Disease

RE: Black's Sci-fi Music Mod

Post by Unforeseen »

Is this how you handle things everytime someone accuses you of something? Try and redirect the blame and accuse the other person of something else? How bout we focus on the legality of YOUR download.

As i said: "See what you are unable to realize for some reason is that the difference between your "mod" and the mass effect mod for instance is that they are just taking bits and pieces and recreating it within Distant Worlds. You have simply taken someones music and put it in a folder, and then uploaded it. Even if you edited it, it still wouldn't be a fan recreation."

Because of this simple fact, you HAVE to obtain permission as per fair use to do what you specifically have done.
BlackAlpha
Posts: 41
Joined: Sun Nov 26, 2006 6:01 pm

RE: Black's Sci-fi Music Mod

Post by BlackAlpha »

ORIGINAL: Unforeseen

Is this how you handle things everytime someone accuses you of something? Try and redirect the blame and accuse the other person of something else? How bout we focus on the legality of YOUR download.

Hey man, you started it with the whole accusation that I'm pirating the game and everything.

I'm now just pointing out that what you said before is not true, because you failed to explain why the law doesn't apply to this mod.

But I suppose we are mostly talking past each other, you don't seem to understand what I mean, and maybe I fail to understand you.

EDIT: I'm sure the Mass Effect mod didn't got their permission from EA, now did they? Yet, you could make an argument that they are covered by Fair Use. A hint, it has to do with the 4 points of Fair Use. The same sort of argument can be made in the case of this mod, although it will be a bit different.
User avatar
Unforeseen
Posts: 608
Joined: Tue Mar 26, 2013 4:08 am
Location: United States of Disease

RE: Black's Sci-fi Music Mod

Post by Unforeseen »

Ehm, honestly i am questioning if you are actually reading my posts...

Edit: I sent a message to Artem Bank informing him of the situation, and pointed him to the download and this thread for his personal records.
User avatar
Mansen
Posts: 352
Joined: Fri May 03, 2013 6:37 pm

RE: Black's Sci-fi Music Mod

Post by Mansen »

You need the explicit permission for ALL pre-existing material that you are redistributing. The only reason why most mods get to survive is that practically no developer or publisher cares about edited artwork and such assets.

Music however is an entirely different can of worms - You've got a bunch of wannabe lawyer who literally crawl the web searching for people who redistribute the music they "protect" in all forms and shapes.

Worst case scenario though - They force Matrix to delete the threads.

Edit: Take the X-series mod in my signature. While I couldn't get an official "all clear" from the devs, they made it clear that as it looked, they wouldn't bother doing anything about it since it wasn't for profit and didn't try to claim it was official in any way.
Currently Working On:
X-Universe Conversion (Hiatus)
User avatar
Unforeseen
Posts: 608
Joined: Tue Mar 26, 2013 4:08 am
Location: United States of Disease

RE: Black's Sci-fi Music Mod

Post by Unforeseen »

I see you have gone back and edited your response now that you've actually read what i said. For the record i never made a claim about them having anything to do with fair use. In fact, I'm not concerned with those mods right now. So how about we focus on the legality of YOUR download.

Edit: The reason why i care about this situation is because you can in a worst case scenario be prosecuted for downloading material that is being illegally distributed. It doesn't really happen much granted, but it is possible. So basically everyone who downloads your "mod" is also breaking the law including me because i had to DL it to get the credits you mentioned. I however have subsequently deleted the entire file.
User avatar
Mansen
Posts: 352
Joined: Fri May 03, 2013 6:37 pm

RE: Black's Sci-fi Music Mod

Post by Mansen »

ORIGINAL: Unforeseen

I see you have gone back and edited your response now that you've actually read what i said.

Don't flatter yourself - I merely added in the final paragraph.
Currently Working On:
X-Universe Conversion (Hiatus)
User avatar
Unforeseen
Posts: 608
Joined: Tue Mar 26, 2013 4:08 am
Location: United States of Disease

RE: Black's Sci-fi Music Mod

Post by Unforeseen »

ORIGINAL: Mansen
ORIGINAL: Unforeseen

I see you have gone back and edited your response now that you've actually read what i said.

Don't flatter yourself - I merely added in the final paragraph.
That wasn't directed at you :P

Edit: So anyways, like i said i contacted Artem Bank about this. I have to go to work now so...
BlackAlpha
Posts: 41
Joined: Sun Nov 26, 2006 6:01 pm

RE: Black's Sci-fi Music Mod

Post by BlackAlpha »

ORIGINAL: Unforeseen

Ehm, honestly i am questioning if you are actually reading my posts...

Edit: I sent a message to Artem Bank informing him of the situation, and pointed him to the download and this thread for his personal records.

Good luck, seeing as how those tracks are distributed for free, no money is made here, all credit is given to the artist at multiple occasions in the documentation, and I'm linking to one of his pages.

ORIGINAL: Unforeseen

Edit: The reason why i care about this situation is because you can in a worst case scenario be prosecuted for downloading material that is being illegally distributed.

At least admit it that you are doing it out of spite because you really dislike me for some reason. But like I said before, I'll endure your abuse.
User avatar
Unforeseen
Posts: 608
Joined: Tue Mar 26, 2013 4:08 am
Location: United States of Disease

RE: Black's Sci-fi Music Mod

Post by Unforeseen »

Lol you seem to have some sort of victim complex going on man. You need to chill. You can keep going about fair use, and how your including all the things needed to fall under the category but your failing to take into account these lines:

"for purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship, or research,"

"There is no specific number of words, lines, or notes that may safely be taken without permission. Acknowledging the source of the copyrighted material does not substitute for obtaining permission."

"The safest course is to get permission from the copyright owner before using copyrighted material. The Copyright Office cannot give this permission.

When it is impracticable to obtain permission, you should consider avoiding the use of copyrighted material unless you are confident that the doctrine of fair use would apply to the situation. "

This neither even falls close into the realm of what fair use applies to, nor is is a fan recreation[mentioned in an essay posted by someone earlier in the thread]. Everything i just quoted is taken directly from http://www.copyright.gov/fls/fl102.html and http://www.copyright.gov/title17/92chap1.html#107 which i posted links to earlier that you apparently ignored.
BlackAlpha
Posts: 41
Joined: Sun Nov 26, 2006 6:01 pm

RE: Black's Sci-fi Music Mod

Post by BlackAlpha »

Now you are just making a case against virtually all mods. So let's go shut down all mods...
Post Reply

Return to “Design and Modding”