Free use?

Copyright Disclaimer Under Section 107 of the Copyright Act 1976, allowance is made for "fair use" for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use

Wouldn't custom, non profit games fit under this, for use of music or images?
I need to know for a level..
Thanks.

It really depends on what you're going to do with the game itself.

If the game falls under the above criteria, such as teaching, research, etc, then yes. But even if you're going to distribute the game for free without profit, it becomes tricky and indeed tips the balance. You will need to add documentation other than credits (which you also should do) to clearify that these graphics and music are used as fair use and that they cannot be used other than playing the game. You should add a link to the website where you found them so people can get them from there following the license as it currently is on the site.

So if, when giving credit to those who helped with graphics, I were to note that the music cannot be used elsewhere and link to the authors website/itunes, it would be fine?

I guess so, but please make sure it doesn't say anywhere that it cannot be used for this on the site first, if so, then you can do this the way I mentioned.

Wait, what's this about? Are you saying we don't need to ask for permission to use tilesets, music, etc. found in other levels, as long as it complies with the legal snippet DJ pointed out and we give credit, point to the author's page, and they can't take those stuff from our level? Huh>?

Wait, what's this about? Are you saying we don't need to ask for permission to use tilesets, music, etc. found in other levels, as long as it complies with the legal snippet DJ pointed out and we give credit, point to the author's page, and they can't take those stuff from our level? Huh>?

If the website you get the music from states that it can be used for such, then why would you need to ask permission?

Quote from: Pumpkinbot on July 20, 2010, 10:09:49

Wait, what's this about? Are you saying we don't need to ask for permission to use tilesets, music, etc. found in other levels, as long as it complies with the legal snippet DJ pointed out and we give credit, point to the author's page, and they can't take those stuff from our level? Huh>?

If the website you get the music from states that it can be used for such, then why would you need to ask permission?

No, music from games, from KS levels we have.

It doesn't fit the spirit of fair use, even if it is a legal loophole.  And if you don't care about the idea behind the law, why care about the law itself?  Officials have better things to do than track down custom levels for an obscure game that may be using copyrighted content.

It doesn't fit the spirit of fair use, even if it is a legal loophole.  And if you don't care about the idea behind the law, why care about the law itself?  Officials have better things to do than track down custom levels for an obscure game that may be using copyrighted content.

Well in my case, I was going to use music of someone who died, so it would be difficult to obtain permission. Now their personal work is just money flow for an agent, so I'm not really abusing anyone.
Its not really so I can go against their wishes, but on the likely chance that you cant contact them for whatever reason, it's nice to know you can still share their work along with your level..
I dont think of it as stealing, especially if credit is given, and especially if it wasnt illegally downloaded. I think of it as a way to increase both your levels ambiance and the authors popularity.

If there's an agent, there's someone you can contact. Unfortunately, its that simple.

Even if the person was alive, the agent would still have controlled if it was allowed or not. Usually the artist doesn't have much say in such things when an agency is involved.