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Comment by Rosie Wood on November 24, 2009 at 12:47

In the end I decided to let the customer add their own music to the game.
I sent the idea for the game to the Scottish Centre For Enabling Technology (SCET) and they gave me very thorough feedback on the viability of the game as a business venture. I dont think it is would be a viable business venture, because of the amount of time needed to edit the photos and how much a customer would be willing to pay for a snap game.
Yes, copyright is a thorny issue for me at the moment. I do think creatives should get paid for their work but it could be easier to understand....

Comment by Jamie Laux on November 23, 2009 at 12:25

Hi Rosie,

Depending on the type of Music you use their is set rates
Really it all comes about classing your product correctly.
In the eyes of the law your product would be classed as a Audio-Visual product availiable for retail

If you were to use production music your rates would look something like this for the UK
(per 30 second unit)

Audio-Visual Production (Up to 1,000 copies) £35
Audio-Visual Production (1,001-10,000 copies) £55
Audio-Visual Production (Over 10,000 copies) £75

and you can pick up some music from Great librays like BMG-Zomba and Dewolf but
In terms of Commercial music its a bit more complex and roughly follows this scheme
...................................................................................................................................................
Request submitted to MCPS ---> MCPS discuss charges with relevant copyright holders (where MCPS members) ---> Request approved ---> MCPS inform you of charges ---> Application for clearance submitted to MCPS ---> Conditional clearance granted
....................................................................................................................................................

I've noticed you've had a few questions about copyright

There is always going to be grey areas, we do content for mobile which is a huge grey area. While there are guide lines at many times we feel what we are doing is 'unwritten'!

What we do is we have a fairuse policy - A policy which states for us and our clients what we feel is acceptable for us and the copyright holder. Really basic, but should there be any issues at least we can present our case.

As with all issues with copyright if in doubt get in contact with the copyright owner

Comment by Rosie Wood on October 20, 2009 at 23:58

As every game would have a different song. I really cant see it being practical or timely to apply to the rights holder for permission. The way I see it, is its like buying a song as a present for someone. I intend to buy the MP3 for each game and send it to the customer. I would do this with a clear conscience, as its not like a song used for a wedding video has to be negotiated with rights holders. The game would only be of interest to the families of the bride and groom and the artist would be gaining a sale for each game purchased.
I dont know the legality of this but it seems fair to me.
I am also including two further options:
1: If the customer already owns a sound file they may send it to me to be included in the game.
2: The customer can commission a new piece of music to be written for the game. This will be generated from a mathematical algorithm and edited by me to make it fit the occasion. The customer may specify the main instrument (eg Flute, guitar, bagpipes) used and this option will come with a turn off music button.
Each of these options will have different pricing options.
If there were legal problems then I think I would just go with option 2 but no artists would gain from sales of their music (except me lol).

Comment by Ian Stevenson on October 20, 2009 at 22:49

I'd love to know the answer to the question about copyright on music if there's an easy answer. I thought you had to apply to the rights holders for permission to use it and negotiate based on your application...