Breach of non-commercial music license
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  1. #1
    Dr. Bento BentoSan's Avatar
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    Default Breach of non-commercial music license

    I just found out that one of my songs released under a non-commercial license(creative commons) has been slapped in a flash web game. So far all legal...
    Then this game has been sold to a flash web-game site that has gone on to have 220,000+ plays in the last month that its been released.

    Was wondering what you guys here think of this kind of thing ? What would you do in my position ?

  2. #2
    DJTT Ninja Mod tekki's Avatar
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    I would write that guy an email, asking for credits and if he is making money from it, a fair percentage.

    And ofcourse keep us posted during the correspondence.
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  3. #3
    Dr. Bento BentoSan's Avatar
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    Quote Originally Posted by tekki View Post
    I would write that guy an email, asking for credits and if he is making money from it, a fair percentage.

    And ofcourse keep us posted during the correspondence.
    I actually have a friend who has done flash work for this site in question, the flash author gets paid a lump sum up front with no royalties per view.

    Obviously then the site goes on to make money off it though all the advertising surrounding the game window.
    Last edited by BentoSan; 06-08-2008 at 05:08 AM.

  4. #4
    Retired DJTT Moderator DvlsAdvct's Avatar
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    Quote Originally Posted by BentoSan View Post
    Obviously then the site goes on to make more money off it though all the advertising surrounding the game window.
    First go to the guy who wrote the song and see what his story is. Then go to the site. You probably won't get paid cause, well, unless you go after them for copyright infringement (in which case they'll probably pull the game) you never had an agreement and they won't be hard pressed to give you one.

    Go to them and ask for credit on their site. I couldn't see them being very against it.
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  5. #5
    Dr. Bento BentoSan's Avatar
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    Quote Originally Posted by DvlsAdvct View Post
    First go to the guy who wrote the song and see what his story is.
    You mean the game ? I wrote the song
    Quote Originally Posted by DvlsAdvct View Post
    Go to them and ask for credit on their site. I couldn't see them being very against it.
    I have received credit in the way of my user id number from website i initially posed the music on in the flash itself - non linkable, just a number.

  6. #6
    Tech Convert
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    Consider it free advertisement and ask the game creator to fade in and out the song info as it starts. Kind of how they do for EA sports games.

  7. #7
    Mr. Golden EanGolden's Avatar
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    Chances are high they would not have used your song if it was not free, therefore asking for money at this juncture is fairly off the table (but not impossible)

    Instead use the threat of money to negotiate a better position for yourself. AKA

    credit and exposure within that game and other PAYING music placement gigs. Your in the door, so now sit down and start making some friends.

  8. #8
    Dr. Bento BentoSan's Avatar
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    Quote Originally Posted by eangolde View Post
    Chances are high they would not have used your song if it was not free,
    Thats very true it was only available on the net because it was free.

    Quote Originally Posted by eangolde View Post
    therefore asking for money at this juncture is fairly off the table (but not impossible)

    Instead use the threat of money to negotiate a better position for yourself. AKA

    credit and exposure within that game and other PAYING music placement gigs. Your in the door, so now sit down and start making some friends.
    Thats probably the best advice i have had so far, i fairly knowledgeable about the digital rights and i know for a fact i could get the entire game pulled with enough kicking and screaming that really does not do me or anyone else any good - there are even template emails available on the internet for this very thing.

    If i was asked in the first place i may have let royalties slide in favor of a link to MySpace or something like that in the credits, but thats not the case. A user id number along side another 3 or 4 unhyperlinked user id numbers i would not call fair credit.

    Thanks for your great words of advice Ean, i appreciate it

  9. #9
    Newbie KYnetiK's Avatar
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    Hey peepz. Im a mate of Bento, and I have some experience making money from Flash design, and with the site in question.


    Bentos music was made available through the creative commons license agreement, hence his work cannot be used for any commercial purposes without his prior consent/license.

    The site in question has paid for exclusive rights to this illicit flash. This means that the author has received a lump sum payment at the time of publication. Typically this payment can range from $500-$2000 US depending on the flashes chances of being a hit. Considering the 200,000+ views, i would assume this guy got at least $1000.
    The author cannot rerelease his flash without the sites branding, nor release the source file. The site does not claim ownership of specific content, ie if i make a character i can reuse this character in future projects without this sites affiliation. However, the site does state that the flash must be original work, or work that the author has consent to use.

    As it stands, the author is liable to both the site and Bento, as he has essentially taken money from both of them. Also, the site has broken its own terms and would want to sort the matter out as cheaply as possible.

    In Bentos position, i would contact the site and politely express the situation and your concern on the matter. Make it clear that you are unhappy, but would like to resolve the matter peacefully. I would find out from the site how much they paid the author and contact them. Again express the situation and attempt to make an agreement, preferably full credits, linkage, and since proper course had not been followed in regard to the license, a cut of the money. Let the author know that you may be willing to assist in future flash work if proper course is followed.

    Also, Bento, it wouldnt hurt making a forum thread at NG either, as there would be many flash/music artists who've been in similar positions, and many who may hold influential positions at the flash sites that would show your work.

    As it stands, the flash must be removed, and the author would legally owe both parties compensation, so i think it unlikely that an agreement would not be reached as both site and author would want to cover their butts. So long as both parties understand that Bento has the power here, and Bento goes about it tactfully and politely, i feel everything can be resolved peacefully.

    The site is not unfriendly and should be more than willing to hear and help Bento out in this.

  10. #10
    Tech Convert
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    Sorry, just a quick aside: just dropped in on your myspace. very chilled track. nice work Bento, someone should be paying or this

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